"A.) perhaps the dissenting Judges allowed their 'FAITH' to over ride their ability to hear the context of our 'all men are created equal' and the 'separation of church and state'; and the reasoning behind those specific two terminology on our founding fathers mind " 2A
There's an irony about objectivity here.
When religious influence results in a ruling we oppose, some criticize the process, even if it was not decisive.
But when religious influence results in a ruling we approve, some think such religious influence isn't so bad, even if it WAS decisive.
Thus, for some, such opinions are outcome based, rather than being based on principle.
Then there's this:
"The Supreme Court has long held that laws that discriminate based on sex must be presumed unconstitutional and invalidated unless the government can prove that they can pass rigorous, heightened judicial scrutiny. Relying on that doctrine would answer the crucial question why the Court was deciding the same-sex marriage question at all. The sex discrimination shifts the burden of proof to the state, and the state hasn’t met that burden. It hasn't even come close."
URL unknown
I'm not sure it came up during oral argument, or in deliberation.
But I personally find the 14th Amendment fairly persuasive.
ARTICLE #14: Ratified July 9, 1868
SECTION 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
As the topic is rate of social change, I ask:
Do you think this now closing court session is the first in which a 5:4 decision would have been in favor of the human right?
That if it had addressed the issue in a previous session, it would have gone the other way, by whatever ratio?
And was the issue chosen for that timing reason?
note:
I forget what it takes to get SCOTUS to take a particular case. But iirc it merely requires that three out of nine agree to take the case (even if they do NOT agree on how to rule on it).
It may be more complicated than that.