Justice O’Connor on Gay Marriage in 2003 and 2013

October 29th, 2013

What a difference a decade makes.

From her 2003 opinion in Lawrence v. Texas:

    That this law as applied to private, consensual conduct is unconstitutional under the Equal Protection Clause does not mean that other laws distinguishing between heterosexuals and homosexuals would similarly fail under rational basis review. Texas cannot assert any legitimate state interest here, such as national security or preserving the traditional institution of marriage. Unlike the moral disapproval of same-sex relations–the asserted state interest in this case–other reasons exist to promote the institution of marriage beyond mere moral disapproval of an excluded group.

In 2013, O’Connor officiated at a same-sex wedding. At the Supreme Court.

The same-sex wedding conducted at the Supreme Court today united Jeffrey Trammell and Stuart Serkin.

The retired O’Connor knows Trammell from her days at the College of William and Mary, where she was chancellor and he is rector.

The ceremony took place in the lawyer’s lounge of the court, according to court spokeswoman Kathy Arberg.

A decade ago this would raise some eyebrows. Today, nothing.  Justice Ginsburg has already officiated at two ceremonies.

H/T Ian Millhiser