同性婚姻的“奧貝格費爾訴霍奇斯案”中倒向自由派的是當時的搖擺票肯尼迪大法官,而首席大法官羅伯茨是反對者之一。他在反對意見書中說了一段將會影響後世的話(盡管他所在的少數派輸掉了這個重要的case):The majority’s decision is an act of will, not legal judgment. The right it announces has no basis in the Constitution or this Court’s precedent. The majority expressly disclaims judicial “caution” and omits even a pretense of humility, openly relying on its desire to remake society according to its own “new insight” into the “nature of injustice.” Ante, at 11, 23. As a result, the Court invalidates the marriage laws of more than half the States and orders the transformation of a social institution that has formed the basis of human society for millennia, for the Kalahari Bushmen and the Han Chinese, the Carthaginians and the Aztecs. Just who do we think we are?