Supreme Court Declares Non-Traditional Marriage Legal In All 50 States


supreme-court[Agudah and OU statements below.] States cannot keep same-gender couples from marrying and must recognize their unions, the Supreme Court says in a ruling that for months has been the focus of speculation. The decision was 5-4.

Justice Anthony Kennedy, seen as a pivotal swing vote in the case, wrote the majority opinion. All four justices who voted against the ruling wrote their own dissenting opinions: Chief Justice John Roberts and Justices Antonin Scalia, Clarence Thomas and Samuel Alito.

“The ancient origins of marriage confirm its centrality, but it has not stood in isolation from developments in law and society,” Kennedy wrote. His opinion sketches a history of how ideas of marriage have evolved along with the changing roles and legal status of women.

In his dissent, Roberts wrote that the court had taken an “extraordinary step” in deciding not to allow states to decide the issue. Calling the ruling “deeply disheartening,” Roberts said that those on the winning side should celebrate a victory — “But do not celebrate the Constitution,” he wrote. “It had nothing to do with it.”

Welcoming the news on Twitter, President Obama wrote, “Today is a big step in our march toward equality. [Toeivah] couples now have the right to marry, just like anyone else. #LoveWins.”

Agudath Israel of America issued the following statement:

“As we have repeatedly stated, including in the amicus curiae brief we submitted in today’s case, we oppose the redefinition of the bedrock relationship of the human family. The Torah, which forbids [toeivah] activity, sanctions only the union of a man and a woman in matrimony. While we do not seek to impose our religious principles on others, it is our sincere conviction that discarding the historical definition of marriage is not a positive step for civilized society.

“Moreover, we are deeply concerned that, as a result of today’s ruling, and as the dissenting Justices have pointed out, members and institutions of traditional communities like the Orthodox Jewish community we represent may incur moral opprobrium and risk tangible negative consequence if they refuse to transgress their beliefs, and even if they simply teach and express their religious views publicly. That prospect is chilling, and should be unacceptable to all people of good will on both sides of this debate.

“We reiterate that we remain firm and steadfast in our own religious beliefs, and reject the voices of those in the heterodox Jewish community who claim that same-gender marriage is compatible with Jewish law and tradition. The issue here is not whether all human beings are created in the Divine Image, or whether they have inherent human dignity. Of course they are, of course they do. The issue is whether the Torah sanctions [toeivah] conduct or recognizes same gender unions. It does not.

“The truths of Torah are eternal, and stand as our beacon even in the face of shifting social mores.”

Today, the leadership of the Orthodox Union issued the following statement:

“In response to the decisions announced today by the United States Supreme Court with reference to the issue of legal recognition of same gender marriage, we reiterate the historical position of the Jewish faith, enunciated unequivocally in our Bible, Talmud and Codes, which forbids [toeivah] relationships and condemns the institutionalization of such relationships as marriages. Our religion is emphatic in defining marriage as a relationship between a man and a woman. Our beliefs in this regard are unalterable.  At the same time, we note that Judaism teaches respect for others and we condemn discrimination against individuals.

“We are grateful that we live in a democratic society, in which all religions are free to express their opinions about social issues and to advocate vigorously for those opinions.  The reason we opt to express our viewpoint in a public forum is because we believe that our Divine system of law not only dictates our beliefs and behaviors, but also represents a system of universal morality, and therefore can stake a claim in the national discourse. That morality, expressed in what has broadly been labeled Judeo-Christian ethics, has long had a place in American law and jurisprudence.

“We also recognize that no religion has the right to dictate its beliefs to the entire body politic and we do not expect that secular law will always align with our viewpoint. Ultimately, decisions on social policy remain with the democratic process, and today the process has spoken and we accord the process and its result the utmost respect.

“In the wake of today’s ruling, we now turn to the next critical question for our community, and other traditional faith communities – will American law continue to uphold and embody principles of religious liberty and diversity, and will the laws implementing today’s ruling and other expansions of civil rights for [toeivah] Americans contain appropriate accommodations and exemptions for institutions and individuals who abide by religious teachings that limit their ability to support same-gender relationships?

“Already, several states have struck a balance by incorporating religious liberty protections into their same sex marriage statutes. This approach must continue, for the expansions of civil rights for some Americans must not come at the cost of the civil rights of other Americans.

“The Orthodox Union is proud to assert its beliefs and principles in the public forum, and will continue to do so in a manner that is tolerant and respectful of all of our nation’s citizens, but which is also authentically based upon our sacred ancient texts and time-honored traditions.”

{Andy Newscenter}



  1. America has just committed the crime of cosvim kesuba lizochor. This was the cause for destruction of the dor hamabul. America has already fallen very far from where it was even 20 years ago and the downfall is accelerating in the loss of financial, military and moral clout.

    I would be wise for us to look for a makom manos. May Hashem have rachmonus on his nation and save us from tzaros.

    May Hashem bring Moshiach soon.

  2. Bones for the bad charge of public indecency.

    This is just a rainbow in the morning for a gold limited thought at night.

    Simple I guess. The Supreme Court has its privileges and ways.

    I do not think we are going to wake up on Sodom and Gamorreh, but I do think that the Mammon is going to get shaped into a bad dream for the innocent who may think that same-gender marriage was not a better passion for the guys and girls who think that G-d is just a bleak sheet for their wedding day.

    This is just the sawtooth eye becoming the sawtooth heart.

    Living in America is o.k. We do not need to back our futures with every kids’ gold. Just give the silver to the voices of liberty and think that the penny has a mission to be on any one’s table of love now.

    Thats fine.

    They will not be the code of Torah.

    And Adam and Eve still have happy days.

    Never Again.

    Violent sanity.

    Poorer but the Ace in their day is not our worry anymore!


  3. This ruling is about much more than toeiva. The entire democratic process had been turned on its head. The people of this country have been robbed once more of their right to democraticly set up their own laws – nine unelected justices are our rulers now. First they demonstrated that whatever clear language of the voted by our representatives law is completely irrelevant (states without state exchanges). Now they create new constitutional rights by pure dictatorial fiat (toeiva). The majority of states’ referendums came out completely against the redefinition of marriage – yet a majority of nine unelected lawyers laughs at the whole definition of democracy. Let’s hope the five fools did not just rip apart the country into chaos and disregard for the law.

  4. I don’t know why people feel we should get involved in this issue! jews should stay on top of more important issues let the christians fight this one. I still dont understand how a jew can feel the need to tell others what they can do in america. in europe we didnt like it when we were mistreated and told we couldn’t do something.

  5. There is no reason why these topics have to be brought up in the jewish world because everyone knows that its 100% wrong. We have to focus on the things that people don’t realize whats wrong with doing them and try to improve in what we need improvement in