In the landmark same-sex marriage case Obergefell v. Hodges (2015), the United States Supreme Court discussed the concept of “popular morality” in relation to the issue of same-sex marriage. The Court acknowledged that for much of human history, marriage had been defined as the union between one man and one woman. However, the Court also recognized that over time, societal norms and values have evolved, and that the understanding of marriage as a fundamental right has expanded to include same-sex couples.
In the Court’s opinion, Justice Anthony Kennedy cautioned against relying solely on “popular morality” to determine the constitutionality of same-sex marriage. He wrote, “The nature of injustice is that we may not always see it in our own times. The generations that wrote and ratified the Bill of Rights and the Fourteenth Amendment did not presume to know the extent of freedom in all of its dimensions, and so they entrusted to future generations a charter protecting the right of all persons to enjoy liberty as we learn its meaning.”
Kennedy’s statement highlights the idea that societal norms and attitudes are constantly evolving, and that what may have been considered morally acceptable in the past may not be acceptable or just today. Therefore, the Court held that the right to marry extends to same-sex couples, regardless of what may have been considered “popular morality” at the time of the Constitution’s drafting.
Supreme Court cautioned against relying solely on popular morality to determine the constitutionality of same-sex marriage. The Court recognized that societal norms and attitudes are constantly evolving, and that the Constitution protects the right of all persons to enjoy liberty as we learn its meaning.
