FIU largely supportive of Supreme Court’s ruling in favor of same-sex marriage

A divided Supreme Court made history on Friday, ruling that the Constitution ensures the right of same-sex couples to marry.

In a resounding decision that caps a remarkably fast transformation across the social, legal and political landscapes, the high court overturned marriage restrictions in Kentucky and three other states and ensured marriage equality for gay couples nationwide.

The court’s 5-4 majority concluded the Constitution’s 14th Amendment guarantee of equal protection ensures the same-sex marriage rights.

Although four justices dissented, the Court’s decision received mostly support from the the University’s young multicultural community.

Daniela Medina, a freshman, and Daniel Cazzaniga, a dual-enrolled high school student, both said they were happy about the decision because they both have gay friends.

“They had to go to another state before,” said Medina, a special education major, referring to the start of 2015.

Same-sex marriage became legal in Florida on Jan. 6, after a federal court decision overturned the state’s ban went into effect.

Cazzaniga, an 18-year-old senior at Design and Architecture Senior High School when not at FIU, said the Court’s decision was long overdue.

“I’m surprised they didn’t do it earlier,” he said.

He said his gay friends are “ecstatic over” the decision.

“They feel whole,” Cazzaniga said.

The University’s Frost Art Museum, in a show of support, sent a tweet to inform possible new customers of the services they provide.

We are experiencing a new era of positive change in America, happy to be a part of it! #lovewins #equalrights 👬 👭 👫 P.S. We do weddings. 😉

— Frost Art Museum FIU (@FrostArtMuseum) June 26, 2015

The decision locks in same-sex marriage rights, guarantees that marriages which have already been performed must be recognized in every state. The only way to reverse the court’s action would be to amend the U.S. Constitution, a long shot that has fallen from political favor.

“The Constitution promises liberty to all within its reach, a liberty that includes certain specific rights that allow persons, within a lawful realm, to define and express their identity,” Justice Anthony Kennedy wrote.

The multiple cases decided Friday, consolidated under the name Obergefell v. Hodges, challenged marriage restrictions in Kentucky, Ohio, Tennessee and Michigan.

In 2004, 74.5 percent of Kentucky voters ratified a state constitutional amendment that declares only marriage between “one man and one woman” to be valid. The second type of restriction under challenge, like one imposed in Ohio, prohibited the recognition of same-sex marriages performed in other states.

“Far from seeking to devalue marriage, the petitioners seek it for themselves because of their respect and need for its privileges and responsibilities,” Kennedy wrote. “And their immutable nature dictates that same-sex marriage is their only real path to this profound commitment.”

The four states whose laws were struck down Friday were among the shrinking number to limit marriage. All told, 37 states and the District of Columbia already allow same-sex marriage, either as a result of a court decision or because of the state’s own action. A court ruling in the other direction could have caused considerable confusion in sorting out everyone’s legal status.

Underscoring the shifting tide of public sentiment, 63 percent of U.S. residents surveyed in a CNN/ORC International poll in February said they thought gays and lesbians have a constitutional right to marry, up from 49 percent in August 2010.

Justices Ruth Bader Ginsburg, Elena Kagan, Sonia Sotomayor and Stephen Breyer joined in the majority decision. All were appointed by Democratic presidents, and their support for same-sex marriage was never in question. Their decision was greeted with exultation outside the Supreme Court, and in a flurry of immediate reactions from advocacy groups.

However, members of two of FIU’s advocacy groups reminded supporters of equal rights that the fight continues.

“The movement is not done,” said Justin Santoli, a junior elementary education major and a peer educator with the Victim Empowerment.

He said the rights of transgendered people, violence against them, and the plight of homeless members of the LGBTQ are still national issues.

“This only scratches the surface,” Santoli said.

In dissent, Republican-appointed Justices Antonin Scalia, Clarence Thomas and Samuel Alito likewise voiced their positions foreshadowed by their prior opinions. Chief Justice John Roberts Jr. also dissented.

Santoli, the gay 21-year-old son of an American-born Cuban mother and Italian father, said although he found it interesting Thomas was a dissenter, it wasn’t a shock to him.

“I wasn’t surprised that a person from an oppressed group would be against it,” he said of the only African-American judge who sits on the dais. “You think he would have a little perspective.”

A tweet sent from the University’s main Twitter page, let the community know how much the Court’s decision meant.

Today is a historic day. Gay & lesbian couples now have the right to marry just like anyone else. #lovewins pic.twitter.com/TcztScq1iT

— FIU (@FIU) June 26, 2015

The historical perspective of the Court’s decision is not lost on two of the University’s officials in Multicultural Programs and Services.

Gisela Vega, associate director of LGBTQ Initiatives for MPAS, said for topics like this some dissent is to be expected.

“When we think about issues like this, that have different sides of a coin, progress takes times,” Vega said.

But Vega was not short on emotions about the ruling itself.

“This is a momentous historic day and this is a huge leap for equality,” she said from MPAS’ office at the Biscayne Bay Campus.

Dr. Jeannette Cruz, director of student support services in MPAS, sent congratulations to the five judges who voted in favor, but particularly Justice Sonia Sotomayor.

“Our own Sotomayor,” Cruz said.

She said she used the possessive “our own” because FIU predominately serves Hispanic people by the nature of its location in South Florida.

Like Santoli, though, Vega also reminded those who seek equality about the fight for the rights of transgendered people.

“Trans equality rights on a national level is a big one on the forefront,” Cruz said. “To be able to be who you are in school or in the workplace.”

Additional reporting from Michael Doyle of the McClatchy Tribune News Washington Bureau.