Obama: The Constitution Does Guarantee The Right Of Same-Sex Marriage

"In some ways, the decision that was just handed down to not do anything about what states are doing on same-sex marriage may end up being as consequential—from my perspective, a positive sense - as anything that’s been done. Because I think it really signals that although the Court was not quite ready—it didn’t have sufficient votes to follow Loving v. Virginia and go ahead and indicate an equal-protection right across the board - it was a consequential and powerful signal of the changes that have taken place in society and that the law is having to catch up. Ultimately, I think the Equal Protection Clause does guarantee same-sex marriage in all 50 states. But, as you know, courts have always been strategic. There have been times where the stars were aligned and the Court, like a thunderbolt, issues a ruling like Brown v. Board of Education, but that's pretty rare. And, given the direction of society, for the Court to have allowed the process to play out the way it has may make the shift less controversial and more lasting." - President Obama, speaking to New Yorker Magazine. (Tipped by JMG reader Daniel)

UPDATE: The Human Rights campaign applauds.

“The President’s position on marriage equality is supported by dozens of federal court rulings over the last year, which have ruled discriminatory state bans on marriage unconstitutional,” said Human Rights Campaign President Chad Griffin. “America’s core values of liberty and equality under the law were enshrined in our Constitution by our founders to protect those who face inequality inflicted by the majority. It’s only a matter of time before committed and loving gay and lesbian couples can legally marry in every corner of this great nation.”

The President’s previous position allowed states to continue enforcing discriminatory laws and state constitutional amendments that prohibit same-sex couples from legally marrying. Those bans have been struck down as unconstitutional by dozens of state and federal court rulings across the country in recent months and years. Four such rulings out of the Fourth, Seventh and Tenth Circuit Courts of Appeals were allowed to stand by the Supreme Court of the United States earlier this month. While all of the rulings vary slightly in the legal justification for striking down the bans, all point to either the U.S. Constitution’s guarantee of equal protection or due process under the Fourteenth Amendment.