Justice Antonin Scalia wrote a dissenting opinion, which was joined by Justice Thomas. Scalia stated that the Court's decision effectively robs the people of the liberty to govern themselves, noting that a rigorous debate on same-sex marriage had been taking place and that, by deciding the issue nationwide, the democratic process had been unduly halted. Addressing the claimed Fourteenth Amendment violation, Scalia asserted that, because a same-sex marriage ban would not have been considered unconstitutional at the time of the Fourteenth Amendment's adoption, such bans are not unconstitutional today. He claimed there was "no basis" for the Court's decision striking down legislation that the Fourteenth Amendment does not expressly forbid, and directly attacked the majority opinion for "lacking even a thin veneer of law."
Lastly, Scalia faulted the actual writing in the opinion for "diminish[ing] this Court’s reputation for clear thinking and sober analysis" and for "descend[ing] from the disciplined legal reasoning of John Marshall and Joseph Story to the mystical aphorisms of the fortune cookie."
http://www.supremecourt.gov/opinions...4-556_3204.pdf
Justice Clarence Thomas wrote a dissenting opinion, which was joined by Justice Scalia. Thomas rejected the principle of substantive due process, which he claimed "invites judges to do exactly what the majority has done here—roa[m] at large in the constitutional field guided only by their personal views as to the fundamental rights protected by that document"; in doing so, the judiciary strays from the Constitution's text, subverts the democratic process, and "exalts judges at the expense of the People from whom they derive their authority."
Thomas argued that the only liberty that falls under Due Process Clause protection is freedom from "physical restraint." Furthermore, Thomas insisted that "liberty has long been understood as individual freedom from governmental action, not as a right to a particular governmental entitlement," such as a marriage license.
According to Thomas, the majority's holding also subverts the political process and threatens religious liberty. Lastly, Thomas took issue with the majority's view that marriage advances the dignity of same-sex couples. In his view, government is not capable of bestowing dignity; rather, dignity is a natural right that is innate within every person, a right that cannot be taken away even through slavery.
Justice Samuel Alito wrote a dissenting opinion, which was joined by Justices Scalia and Thomas. Invoking Washington v. Glucksberg, in which the Court stated the Due Process Clause protects only rights and liberties that are "deeply rooted in this Nation's history and tradition," Alito claimed any "right" to same-sex marriage would not meet this definition; he chided the justices in the majority for going against judicial precedent and long-held tradition.
Alito defended the rationale of the states, accepting the premise that same-sex marriage bans serve to promote procreation and the optimal childrearing environment. Alito expressed concern that the majority's opinion would be used to attack the beliefs of those who disagree with same-sex marriage, who "will risk being labeled as bigots and treated as such by governments, employers, and schools," leading to "bitter and lasting wounds." Expressing concern for judicial abuse, Alito concluded, "Most Americans—understandably—will cheer or lament today’s decision because of their views on the issue of same-sex marriage. But all Americans, whatever their thinking on that issue, should worry about what the majority’s claim of power portends."