To Redefine Marriage, Judges Disregard History, Will of the People, Themselves
June 26, 2015
There is absolutely no way for Justice Anthony Kennedy to square today’s decision with his ten pages of paeans to states’ authority over marriage in the 2013 case of U.S. v. Windsor. None. The damage done to the Constitution and the rule of law . . . incalculably high.
Update (June 26th, 2015): I am reminded that according to Maggie Gallagher, Kennedy also said this, albeit not in the context of this case:
On March 7 , Justice Anthony Kennedy, when a library was named in his honor at a Sacramento federal courthouse, made the case that too many moral issues are being referred to the courts:
[“]I think it’s a serious problem. A democracy should not be dependent for its major decisions on what nine unelected people from a narrow legal background have to say,” Justice Kennedy said.
Well put! But again, no way to square that with what he did today.