Justice Anthony Kennedy on Why His Landmark Same-Sex Marriage Opinion Will Stand Firm

Retired Justice Anthony Kennedy, known for his pivotal role in the 2015 Supreme Court decision on same-sex marriage, recently shared insights into the lasting impact of his opinion. Kennedy emphasized the significance of adopted children in same-sex families, noting the substantial number involved. Initially estimating around 75,000, he later realized the figure was in hundreds of thousands.
Obergefell v. Hodges: A Landmark Decision
The decision in Obergefell v. Hodges relied on the Fourteenth Amendment’s guarantees of liberty and equal protection. Kennedy’s decision-making included the benefits and stability marriage provides to children in same-sex families. He stressed that the absence of these advantages led to stigmatization of these families, affecting their stability and predictability.
Concerns for Future Reversal
Despite some calls to revisit the decision, Kennedy believes it will stand, supported by the judicial principle of precedent or stare decisis. He highlighted widespread reliance on this ruling among same-sex couples and their adopted children. Reversing it, he argued, would disrupt their assured way of life.
Justice Kennedy’s Impact and Memoirs
During his tenure, Kennedy was influential in several controversial cases, including issues on gay rights and abortion. His memoir, “Life, Law & Liberty,” discusses his career, balancing professional duties and personal beliefs. He reflected on personal conflicts arising from religious and traditional values and navigated such tensions as a Supreme Court Justice.
Reflections on Legal and Political Discourse
Kennedy expressed concern over the deteriorating tone in legal debates, advocating for more respectful and moderate judicial writing. He refrains from political commentary, focusing instead on improving judicial discourse.
- Key decision: Obergefell v. Hodges, 2015
- Amendment basis: Fourteenth Amendment
- Reliance principle: Stare decisis
- Book: “Life, Law & Liberty”
The retired justice maintains a hopeful stance on judicial principles guiding future court decisions while remaining an advocate for civility in legal and political discussions.