Anthony Kennedy in The New York Times

On Civil Rights: No longer deny gays the profound liberty of marriage

In a long-sought victory for the gay rights movement, the Supreme Court ruled by a 5-to-4 vote that the Constitution guarantees a right to same-sex marriage. "No longer may this liberty be denied," Justice Anthony Kennedy wrote for the majority in the historic decision. "No union is more profound than marriage, for it embodies the highest ideals of love, fidelity, devotion, sacrifice and family. In forming a marital union, two people become something greater than once they were."

The decision, which was the culmination of decades of litigation and activism, set off jubilation and tearful embraces across the country, the first same-sex marriages in several states, and signs of resistance--or at least stalling--in others. It came against the backdrop of fast-moving changes in public opinion, with polls indicating that most Americans now approve of the unions.

The court's four more liberal justices joined Justice Kennedy's majority opinion.

Source: N.Y. Times on 2015 SCOTUS decision on Obergefell v. Hodges Jun 27, 2015

On Civil Rights: Living Constitution: apply 14th amendment to gay marriage

Justice Kennedy was the author of all three of the Supreme Court's previous gay rights landmarks. The latest decision came exactly two years after his majority opinion in United States v. Windsor, which struck down a federal law denying benefits to married same-sex couples, and exactly 12 years after his majority opinion in Lawrence v. Texas, which struck down laws making gay sex a crime.

In all of those decisions, Justice Kennedy embraced a vision of a living Constitution, one that evolves with societal changes. "The nature of injustice is that we may not always see it in our own times," he wrote in Obergefell v. Hodges. "The generations that wrote and ratified the Bill of Rights and the Fourteenth Amendment did not presume to know the extent of freedom in all of its dimensions, and so they entrusted to future generations a charter protecting the right of all persons to enjoy liberty as we learn its meaning."

Source: N.Y. Times on 2015 SCOTUS decision on Obergefell v. Hodges Jun 27, 2015

The above quotations are from Media coverage of political races in The New York Times. Click here for other excerpts from Media coverage of political races in The New York Times. Click here for other excerpts by Anthony Kennedy. Click here for a profile of Anthony Kennedy.
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Page last updated: May 20, 2019