SHANNON BREAM, FOX NEWS: Justice Kennedy said this was, writing for the majority, a constitutional, fundamental right that same-sex couples be allowed to marry.
CHARLES KRAUTHAMMER: Yes, well, that's what he declared because that was the preference of the five justices. But I think as was convincingly argued by the dissents, and there were many of them, this is an invention -- like the invention of the right to abortion. Whatever you believe about the policy for abortion or here for gay rights, the idea that the court should decree that it's a constitutional right, something that had been hidden in the constitution for over 100 years and that nobody had ever discerned is simply a way of saying that it has been removed from the democratic arena. It can no longer be debated. All the laws are canceled and we are now in a new place.
Ironically, Ruth Bader Ginsburg, who's on the court today, once said before she ascended to the court that the abortion decision had prevented a stable social settlement of the abortion issue that was headed in the reform direction because it took it out of the political arena. That's exactly what happened today on gay marriage. Whatever you think about the policy, it is a huge loss for a democ