Historic Dissents That Became Majority Opinions
When it comes to landmark decisions in the history of law, historic dissents that eventually became majority opinions stand out as pivotal moments that challenge traditional beliefs and pave the way for progress. These dissents, although rejected and overlooked at the time of their delivery, later gain recognition and become the basis for future rulings. In this article, we will explore some of the most notable historic dissents that ultimately became majority opinions and their lasting impact on shaping the legal system as we know it. 
Brown v. Board of Education (1954)
The Supreme Court’s unanimous decision in Brown v. Board of Education marked a significant turning point in the fight against racial segregation in the United States. However, this decision was the result of a long and challenging battle led by several prominent figures of the civil rights movement, including Thurgood Marshall.
In 1896, the Supreme Court upheld the “separate but equal” doctrine in Plessy v. Ferguson, justifying racially segregated public facilities. This ruling was followed for decades until Brown v. Board of Education, where the Supreme Court declared that “separate educational facilities are inherently unequal” and struck down the principle of “separate but equal.”
The Dissent
Justice John Marshall Harlan II was the only dissenter in Brown v. Board of Education, arguing that the Fourteenth Amendment did not intend to abolish segregation in public schools. Despite being in the minority, his dissent laid the groundwork for future majority opinions that aimed to end racial segregation.
Obergefell v. Hodges (2015)
In the landmark ruling of Obergefell v. Hodges, the Supreme Court declared that same-sex couples have the fundamental right to marry under the Fourteenth Amendment. This decision was a significant victory for the LGBTQ+ community, who had been fighting for marriage equality for decades.
The Dissent
Justice Antonin Scalia’s vehement dissent in Obergefell v. Hodges sparked controversy and ignited a national debate on marriage equality. He argued that the Constitution does not mention same-sex marriage, and it should be up to each state to decide on the issue. Despite the backlash, Justice Scalia’s dissent played a crucial role in furthering the dialogue on the rights of the LGBTQ+ community and paved the way for future rulings protecting their rights.
United States v. Virginia (1996)
In this case, the Supreme Court was tasked with deciding whether a state-funded military college’s male-only admissions policy violated the Equal Protection Clause of the Fourteenth Amendment. The Virginia Military Institute (VMI) had been exclusively admitting male cadets since its establishment, citing the need for a “fraternal” environment.
The Dissent
Justice Ruth Bader Ginsburg wrote a powerful dissent in United States v. Virginia, arguing that the state’s policy was discriminatory and did not provide equal opportunities for women to access higher education. Her dissenting opinion played a crucial role in the majority opinion’s decision to strike down VMI’s male-only admissions policy, setting a precedent for future cases addressing gender discrimination in education.
Conclusion
The power of dissent is not to be underestimated, as evidenced by these historic cases that became majority opinions. These dissenting opinions challenged traditional beliefs and paved the way for progress and social change. They serve as a reminder that sometimes, it takes just one dissent to create a lasting impact for generations to come. And in the words of Justice Thurgood Marshall, “You do what you think is right and let the law catch up.”
