同性婚姻的“奥贝格费尔诉霍奇斯案”中倒向自由派的是当时的摇摆票肯尼迪大法官,而首席大法官罗伯茨是反对者之一。他在反对意见书中说了一段将会影响后世的话(尽管他所在的少数派输掉了这个重要的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?