Why Justice Kennedy’s Gay Marriage Opinion Is a Bigger Liberal Victory Than You Think
Mother Jones
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The LGBT community and its allies won big on Friday. In legalizing same-sex marriage nationwide, Supreme Court Justice Anthony Kennedy’s soaring majority opinion ruled that the Fourteenth Amendment to the Constitution gives gay and lesbian couples the same right to marry that opposite-sex couples have. But that wasn’t all Kennedy did.
The justice issued a ringing endorsement of a “living Constitution,” the idea, championed by liberals today, that the Constitution evolves over time along with technology and society. On the other side of the spectrum are “originalists.” To proponents of originalism, notably Justice Antonin Scalia, constitutional interpretation should be based on the intent of the framers of the document.
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Why Justice Kennedy’s Gay Marriage Opinion Is a Bigger Liberal Victory Than You Think
