The majority's decision today will require States to issue marriage licenses to same-sex couples and to recognize same-sex marriages entered in other States largely based on a constitutional provision guaranteeing 'due process' before a person is deprived of his 'life, liberty, or property'. I have elsewhere explained the dangerous fiction of treating the Due Process Clause as a font of substantive rights. It distorts the constitutional text, which guarantees only whatever 'process' is 'due' before a person is deprived of life, liberty, and property. Worse, it invites judges to do exactly what the majority has done here.

The Court's decision today is at odds not only with the constitution, but with the principles upon which our Nation was built. Since well before 1787, liberty has been understood as freedom from government action, not entitlement to government benefits. The framers created our constitution to preserve that understanding of liberty. Yet the majority invokes our Constitution in the name of a 'liberty' that the framers would not have recognized, to the detriment of the liberty they sought to protect. Along the way, it rejects the idea—captured in our Declaration of Independence—that human dignity is innate and suggests instead that it comes from the Government. This distortion of our Constitution not only ignores the text, it inverts the relationship between the individual and the state in our Republic. I cannot agree with it.

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As for the matter of my judicial philosophy, I didn't have one- and didn't want one. A philosophy that is imposed from without instead of arising organically from day-to-day engagement with the law isn't worth having. Such a philosophy runs the risk of becoming an ideology, and I'd spent much of my adult life shying away from abstract ideological theories that served only to obscure the reality of life as it's lived.

The important thing was that I had never behaved inappropriately toward any woman, and I had no intention of letting my enemies hang that age-old charge of sexual impropriety around my neck. Those who wished only to exploit my past failings, not forgive them, would get no help from me.

I recalled the ants I had watched as a child on the farm, building their hills one grain of sand at a time, only to have them senselessly destroyed in an instant by a passing foot. I'd pieced my life together the same way, slowly and agonizingly. Would it, too, be kicked callously into dust?

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I had manufactured artificial goals as a means of motivating myself, using my longing for money, cars, and other material possessions to create a false sense of purpose. They had worked on me like spoonfuls of sugar- a jolt of energy that soon faded, leaving behind the pangs of a deeper hunger. I had cut myself off from the transcendent hope of religion, and now a vast and frightening expanse of uncertainty lay before me.