Justice Kennedy Explains Why Same-Sex Marriage Ruling Will Stand

Retired Justice Anthony Kennedy, who played a crucial role in advancing same-sex marriage rights in the U.S., recently expressed his confidence that the ruling will stand. He made these comments during an interview with CNN from his chambers, reflecting on the personal experiences that influenced his landmark 2015 decision in Obergefell v. Hodges.

Justice Kennedy on Same-Sex Marriage Ruling

Kennedy revealed that one significant factor in his decision was the number of children adopted by same-sex couples. Initially estimating around 75,000, Kennedy learned this figure has risen to the hundreds of thousands, highlighting the importance of stability for these families.

The Obergefell v. Hodges ruling was grounded in the Fourteenth Amendment’s guarantees of liberty and equal protection under the law. “Without the recognition, stability, and predictability that marriage offers, their children suffer the stigma of knowing their families are somehow lesser,” Kennedy stated in his opinion. He emphasized the adverse effects on children raised in unmarried households, underscoring his belief that same-sex marriage should be recognized as a civil right.

Legal Precedents and Future Implications

Although the ruling remains controversial, Kennedy argued that the principle of stare decisis, which emphasizes adherence to precedent, plays a critical role in its endurance. He asserted that reversing the decision would significantly impact the lives of countless same-sex couples and their families, creating a “tremendous reliance problem.”

• Key Justices on the Case: Kennedy was part of a five-justice majority, with dissents from Chief Justice John Roberts and Justices Clarence Thomas and Samuel Alito.
• Potential Appeals: Thomas has suggested reconsidering the ruling, referencing ongoing legal challenges related to it.
• Personal Impact: Kennedy considers the ruling crucial in promoting equality and addressing issues surrounding adopted children.

During his tenure on the Supreme Court, Kennedy was instrumental in shaping key legal decisions concerning civil rights, access to abortion, and affirmative action. He has expressed concern about the divisive tone in today’s court opinions, calling for a more respectful dialogue among justices.

Reflections and Future Perspectives

As he navigates post-retirement life, Kennedy’s memoir, “Life, Law & Liberty,” delves into his experiences and conflicts during pivotal cases, including those surrounding abortion and gay rights. He faces ongoing questions about the current court’s direction, especially after the overturning of Roe v. Wade by a court that now includes his successor, Justice Brett Kavanaugh.

In a world where legal decisions and their implications are ever more contentious, Kennedy remains steadfast in his belief that the same-sex marriage ruling will endure, bolstered by the social reliance it has fostered in LGBTQ+ families across the nation.