
Justice Alito
“Americans, whatever their thinking on [same-sex marriage], should worry about what the [Obergefell] majority’s claim of power portends.”
–Justice Alito dissenting in Obergefell v. Hodges
Obergefell v. Hodges, which struck State prohibitions on same-sex marriage, establishes a troubling precedent for democratic institutions and limited government. Through the “reasoned judgment” of five of its nine justices, the Supreme Court bypassed traditional democratic means to establish the issuance of public benefits for same-sex marriages as a fundamental right under Fourteenth Amendment substantive due process. Though many libertarians now celebrate the decision, a careful reading should temper any jubilation. This decision promotes the Cult of the Court, which may now work to restrict rights and actually expand government. Continue Reading