The United States v. Windsor was a landmark US Supreme Court civil rights case about same-sex marriages. The Supreme Court held that the Defense of Marriage Act (DOMA) denied federal recognition of same-sex marriages and that it violated the Due Process Clause in the Fifth Amendment. It was a 5-4 decision that was issued on June 26, 2013 (FindLaw's United States Supreme Court case and opinions, n.d.). The majority opinion was authored by Justice Anthony Kennedy, and he was joined by Justices Kagan, Ginsburg, Sotomayor, and Breyer. The decision to strike out section 3 of DOMA was based on the elements of due process, federalism, and equal protection. On the contrary, Justices Samuel Alito and Antonin Scalia, and Chief Justice John Roberts authored dissenting opinion and they were joined by Justice Clarence Thomas. The dissenting judges argued that they had no power to decide the case, and even if they had the power to decide the case, they did not have the power to invalidate democratically accepted and adopted legislations.
The Obergefell v. Hodges was a landmark civil rights case where the Supreme Court held that the basic right to marry is provided to same-sex couples according to the Equal Protection Clause and Due Protection Clause of the American Constitution. The 5-4 decision was delivered on June 26, 2015, and it required all states to recognize same-sex couples in the same condition and terms guaranteed to opposite-sex couples (FindLaw's United States Supreme Court case and opinions, n.d.). The majority decision was read by Justice Anthony Kennedy, and he was joined by Justices Elena Kagan, Ruth Bade Ginsburg, Sonia Sotomayor, and Stephen Breyer. The majority opinion ruled that banning same-sex marriages was a violation of the Equal Protection and Due Process Clauses within the Fourteenth Amendment. On the other hand, the dissenting opinion was written by Chief Justice John Roberts, and he was joined by Justices Samuel Alito, Clarence Thomas, and Antonin Scalia. The dissenting opinion warned that the Due Process Clause has constantly been misused to expand or increase perceived fundamental rights. Roberts also argued that no prior decision could rule out the basic component of marriage that is based on one woman and one man.
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The Masterpiece Cakeshop v. Colorado Civil Rights Commission was a case that the Supreme Court evaluated whether owners of public accommodations could withhold or refuse particular services according to the First Amendment claims of free exercise of religion and free speech and that they could be exempted from laws against discrimination in public accommodations, for instance, baking a wedding cake for a gay couple wedding based on the Cakeshop's owner's religious beliefs. The 7-2 ruling was issued on June 4, 2018 (Bennington-Castro, 2019). Justice Anthony Kennedy wrote the majority opinion, and he was joined by Justices Neil Gorsuch, Samuel Alito, Elena Kagan, and Stephen Breyer. The majority opinion was based on the state's obligation regarding religious neutrality according to the Free Exercise Clause in the First Amendment. The Dissenting opinion was written by Justice Ruth Bade Ginsburg, and she was joined by Justice Sonia Sotomayor.
The individual decisions show that Justices Ruth Bade Ginsburg and Sonia Sotomayor have been liberal in the three cases highlighted above. On the other hand, Chief Justice John Roberts and Justices Samuel Alito, Clarence Thomas and Antonin Scalia have been conservative. Also, Justices Stephen Breyer, Anthony Kennedy, and Elena Kagan have no clear pattern. Sexual orientation has been a controversial issue in the Supreme Court for several decades, and it is the main reason why the first two cases had a 5-4 decision. Also, President Obama's administration constantly supported LGBT rights, and it could have influenced the Supreme Court decision (Bennington-Castro, 2019). Sexual orientation is a controversial issue because of people's cultural beliefs, religious beliefs, and many other factors. Furthermore, the American Constitution guarantees freedoms and rights to every individual regardless of their sexual orientation.
References
Bennington-Castro, J. (2019, June 12). The Supreme Court Rulings That Have Shaped Gay Rights in America. Retrieved August 4, 2019, from https://www.history.com/news/supreme-court-cases-gay-lgbt-rights
FindLaw's United States Supreme Court case and opinions. (n.d.). Retrieved August 4, 2019, from https://caselaw.findlaw.com/search.html?search_type=party&court=us-supreme-court&text=sexual orientation&date_start=20100101&date_end=20190803
