(CNSNews.com) – Distancing themselves from the majority on the Supreme Court, Justices Samuel Alito and Clarence Thomas filed a dissenting opinion to Wednesday's Defense Against Marriage Act ruling, stating that “same-sex marriage presents a highly emotional and important question of public policy – but not a difficult question of constitutional law."
"The Constitution does not guarantee the right to enter into a same-sex marriage,” the justices wrote.
The landmark case was filed by Edith Windsor of
“The Constitution does not codify either of these views of marriage,” Alito writes. “The silence of the Constitution on this question should be enough to end the matter as far as the judiciary is concerned.”
Windsor asked the Supreme Court to look at DOMA through the lens of the Fifth Amendment’s due process clause. But Alito argued that the due process clause does not apply to this case.
“It is well established that any 'substantive' component to the Due Process Clause protects only those fundamental rights and liberties which are, objectively, ‘deeply rooted in this Nation’s history and tradition,’” Alito explains in his dissent. “It is beyond dispute that the right to same-sex marriage is not deeply rooted in this Nation’s history and tradition.”
In fact, Alito points out, “No country allowed same-sex couples to marry until the
“Perhaps because they cannot show that same-sex marriage is a fundamental right under our Constitution,
“In my view, the approach that
“I hope that the Court will ultimately permit the people of each State to decide this question for themselves. Unless the Court is willing to allow this occur, the whiffs of federalism in the today’s opinion of the court will soon be scattered to the wind.”