Last updated on: 9/2/2015 10:17:17 AM PST
Was the US Supreme Court Decision Legalizing Same-Sex Marriage a Good Decision?
Pro (Yes)
Pro
"Along with millions of Americans, I am celebrating today's landmark victory for marriage equality, and the generations of advocates and activists who fought to make it possible...
This ruling is an affirmation of the commitment of couples across the country who love one another. It reflects the will of the vast and growing multitude of Americans who believe that LGBT couples deserve to be recognized under the law and treated equally in the eyes of society. And it represents our country at its best: inclusive, open, and striving towards true equality."
Source: "Statement from Hillary Clinton on the Supreme Court Decision on Marriage Equality," hillaryclinton.com, June 26, 2015
Pro
"Responsible adults should be free to marry whom they want, arm themselves if they want, make their own decisions about their bodies, and lead their personal lives as they see fit — as long as no harm is done to others. And they should be able to do so without unconstitutional scrutiny by the NSA, the ATF, the DEA or any other government agency."
Source: Gary Johnson 2016, "Personal Freedom," garyjohnson2016.com (accessed Apr. 20, 2016)
Pro
"In my first run for office in 2002, when this issue [same-sex marriage] was first brought to my attention, I was for marriage, not just civil unions."
Source: On the Issues, "Jill Stein on Civil Rights," ontheissues.org, July 6, 2015
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Con (No)
Con
"[Chris Wallace] You say now that the Supreme Court has ruled that same-sex marriage is the law of the land and that any politician who talks about wanting to amend the Constitution is just playing politics. Are you saying it's time to move on?
TRUMP: No, I'm saying this. It has been ruled up. It has been there. If I'm a, you know, if I'm elected, I would be very strong on putting certain judges on the bench that I think maybe could change things...
They have ruled on it. I wish that it was done by the state. I don't like the way they ruled. I disagree with the Supreme Court from the standpoint they should have given the state -- it should be a states' rights issue. And that's the way it should have been ruled on, Chris, not the way they did it.
This is a very surprising ruling. And I - I can see changes coming down the line, frankly. But I would have much preferred that they ruled at a state level and allowed the states to make those rulings themselves.
WALLACE: But - but just to button this up very quickly, sir, are you saying that if you become president, you might try to appoint justices to overrule the decision on same-sex marriage?
TRUMP: I would strongly consider that, yes."
Source: Fox News, "Ted Cruz Attacks Donald Trump's Financial Record; Trump Responds," foxnews.com, Jan. 31, 2016
[Editor's Note: Prior to the above Con quote, Donald Trump indicated that he would not seek to overturn the Supreme Court decision on same-sex marriage. During a Sep. 4, 2015 interview on Morning Joe, he stated, "You have to go with it. The decision’s been made, and that is the law of the land."]
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FORMER CANDIDATES
(Candidates who have withdrawn or who no longer meet our criteria appear below in black and white and in alphabetical order.)
Pro (Yes)
Pro
"Today, the Supreme Court affirmed that marriage is a human right - not a state right. I'm grateful to the people of Maryland for leading the way on this important issue of human dignity and equality under the law. The American Dream is strongest when all are included."
Source: Zeke J. Miller, "Presidential Candidates Respond to Supreme Court Marriage Ruling," time.com, June 26, 2015
Pro
“Today the Supreme Court fulfilled the words engraved upon its building: ‘Equal justice under law.’ This decision is a victory for same-sex couples across our country as well as all those seeking to live in a nation where every citizen is afforded equal rights. For far too long our justice system has marginalized the gay community and I am very glad the Court has finally caught up to the American people.”
Source: Bernie Sanders, "Sanders Statement on Supreme Court Decision on Same-Sex Marriage," sanders.senate.gov, June 26, 2015
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Con (No)
Con
"Guided by my faith, I believe in traditional marriage. I believe the Supreme Court should have allowed the states to make this decision. I also believe that we should love our neighbor and respect others, including those making lifetime commitments. In a country as diverse as ours, good people who have opposing views should be able to live side by side. It is now crucial that as a country we protect religious freedom and the right of conscience and also not discriminate."
Source: Jeb Bush, "Statement: Governor Jeb Bush on Today’s Supreme Court Decision on Same-Sex Marriage," jeb2016.com, June 26, 2015
Con
"[M]arriage is between a man and a woman... It is a well-established, fundamental pillar of society… And no group—be they gays; it doesn't matter what they are—they don't get to change the definition… It's not something that’s against gays... It's against anybody who wants to come along and change the fundamental definitions of the pillars of society. It has significant ramifications."
Source: Todd Beamon, "Ben Carson: 'Marriage Is between a Man and a Woman,'" www.newsmax.com, Mar. 26, 2013
Con
"I agree with the dissent that Chief Justice Roberts authored today [in Obergefell v. Hodges]. I think this is something that should be decided by the people of each state and not imposed upon them by a group of lawyers sitting in black robes at the U.S Supreme Court. That being said, those five lawyers get to impose it under our system and so our job is going to be to support the law of the land. And that under the Supreme Court's ruling is now the law of the land, but I don’t agree with the way it's been done... But it's been done and those of us who take an oath have a responsibility to abide by that oath."
Source: "Governor Christie on Supreme Court Ruling on Same-Sex Marriage," YouTube.com, June 26, 2015
Con
"Today, the Court doubled down with a 5-4 opinion that undermines not just the definition of marriage, but the very foundations of our representative form of government...
That is unacceptable. On the substantive front, I have already introduced a constitutional amendment to preserve the authority of elected state legislatures to define marriage as the union of one man and one woman, and also legislation stripping the federal courts of jurisdiction over legal assaults on marriage...
By redefining the meaning of common words, and redesigning the most basic human institutions, this Court has crossed from the realm of activism into the arena of oligarchy...
The decisions that have deformed our constitutional order and have debased our culture are but symptoms of the disease of liberal judicial activism that has infected our judiciary. A remedy is needed that will restore health to the sick man in our constitutional system."
Source: Ted Cruz, "Sen. Cruz: We Must Not Submit Our Constitutional Freedoms, and the Promise of Our Nation, to Judicial Tyranny," nationalreview.com, June 26, 2015
Con
"My statement on today's #SCOTUS ruling [on Obergefell v. Hodges]: This is only the latest example of an activist Court ignoring its constitutional duty to say what the law is and not what the law should be...
The court ruled today that all Americans should receive equal benefits and rights from the government under the law. I have always supported this view. However, this decision was also about the definition of marriage itself. I do not agree that the Court can or should redefine marriage. I believe that responsibility should have remained with states and voters...
Moving forward, however, all of our effort should be focused on protecting the religious liberties and freedom of conscience for those Americans that profoundly disagree with today's decision."
Source: Twitter post, twitter.com/CarlyFiorina, June 26, 2015
Con
"Strong families are the core of a strong America. Traditional marriage as a union between a man and a woman has been the bedrock of human civilization for thousands of years. It is an institution that benefits society in a way that no other relationship can. We must tirelessly support families, traditional values, and religious freedom against efforts to diminish and undermine them. The U.S. Supreme Court has ruled that state bans on gay marriage are unconstitutional, making the need to protect the right of every American to freely exercise sincerely held religious beliefs all the more urgent. We need a president who will staunchly defend these liberties and devote the necessary federal resources to ensure that no one's First Amendment right to freedom of religion is infringed."
Source: Lindsey Graham 2016, "Secure our Values," www.lindseygraham.com (accessed Aug. 19, 2015)
Con
"The Supreme Court in a very, very divided decision [Obergefell v. Hodges] decided out of thin air that they were just going to redefine marriage. It's a decision that the other justices in dissent said they didn’t have and there wasn't a constitutional shred of capacity for them to do it."
Source: CNN, "GOP Presidential Debate. Aired 8:10-11:15p ET.," transcripts.cnn.com, Sep. 16, 2015
Con
"While I disagree with Supreme Court's redefinition of marriage, I believe that all Americans have the right to contract.
The Constitution is silent on the question of marriage because marriage has always been a local issue. Our founding fathers went to the local courthouse to be married, not to Washington, D.C.
I've often said I don't want my guns or my marriage registered in Washington...
The government should not prevent people from making contracts but that does not mean that the government must confer a special imprimatur upon a new definition of marriage.
Perhaps the time has come to examine whether or not governmental recognition of marriage is a good idea, for either party.
Since government has been involved in marriage, they have done what they always do -- taxed it, regulated it, and now redefined it."
Source: Rand Paul, “Rand Paul: Government Should Get out of the Marriage Business Altogether," randpaul.com. June 28, 2015
Con
"I believe that marriage, as the key to strong family life, is the most important institution in our society and should be between one man and one woman. People who disagree with the traditional definition of marriage have the right to change their state laws. That is the right of our people, not the right of the unelected judges or justices of the Supreme Court. This decision short-circuits the political process that has been underway on the state level for years.
While I disagree with this decision, we live in a republic and must abide by the law...
A large number of Americans will continue to believe in traditional marriage, and a large number of Americans will be pleased with the Court's decision today. In the years ahead, it is my hope that each side will respect the dignity of the other."
Source: Marco Rubio, "Rubio: Court Decision Short Circuits Political Process," rubio.senate.gov, June 26, 2015
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Not Clearly Pro or Con
"Look, I'm an old-fashioned person here and I happen to believe in traditional marriage. But I've also said that the court has ruled... and I said we'll accept it."
Source: Brett Logiurato, "The GOP Debate's Hometown Candidate Just Gave a Touching Answer on Gay Marriage," www.businessinsider.com, Aug. 6, 2015
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