Justice Anthony Kennedy held the majority opinion with other Justices in the Obergefell vs. Hodges case, stating that the same-sex marriage ban violated the Fourteenth Amendment of the charter. He adduced that the freedom to marry is a fundamental right that every individual should enjoy as it is protected under the new constitution. Justice Kennedy further asserted that the equal protection clause under the fourteenth amendment safeguards individuals from unequal treatment within the law. In his majority opinion presentation, the court held that the right to espouse is protected under that constitutional amendment, which applies to same-sex marriage just as opposite gender union. In his verdict, Justice Kennedy stated that the due process clause in this constitutional modification guarantees the freedom of same-sex marriage. A denial of this privilege will inhibit equal protection of same-sex couples under the same legislation.
Justice Kennedy listed four key reasons same-sex couples had the fundamental entitlement to marry just like typical spouses. The first rationale was that the right to individual decision-making about marriage is built on self-rule. Second, the liberty to unification is vital as it supports the union of two persons, which applies with no bias to same-sex lovers. Under the third principle, Justice Kennedy stated that marriage safeguards families and children, whether same-sex or opposite-gender alliance. He asserted that there was no mention of a child’s entitlement to a mom and dad or biological father and mother. In the last position, he stated that marriage is vital within society, and there are no differences between opposite and same-sex unification. Justice Kennedy further said that denying same-sex unions is against the current societal principles for no good reason. He concluded that the fundamental liberty to unify could not only be restricted to straight partners.