Obergefell is Policy
Penna Dexter
Over three years ago, the US Supreme Court ruled that the fundamental right to marry is guaranteed to same-sex couples. The ruling has resulted in all states being required to perform and recognize same-sex marriages. This was a 5-4 decision, along liberal/conservative ideological lines. The swing vote was now-retired Justice Anthony Kennedy. He wrote the opinion for the majority.
It turns out Justice Kennedy's thinking had little to do with the Constitution. He sat down recently with Bloomberg TV host David Rubenstein and revealed that, for him, Obergefell v. Hodges was more of a policy preference than a decision based on constitutional reasoning.
Justice Kennedy is Catholic. He stated in this interview that, because of his religious beliefs, he surprised himself in coming to this decision. He said he was concerned about correcting an injustice for the future. He brought up adoption by gay couples, saying: "As I thought about this, and I thought about it more and more, it seemed wrong — unconstitutional — to say that over 100,000 adopted children could not have their parents married."
But, redefining marriage deprives those children of one biological parent. That's constitutional?
Justice Kennedy also told host David Rubenstein that, "Your duty in every case is to ask why you are doing what you are about to do." But where's the part about a justice's duty to interpret the constitution? Family Research Council's Peter Sprigg sums up Justice Kennedy's role in this ruling: "He decided he thought it was a good idea, so he decided to impose it on the country."
So glad he's off the court.
Maybe someday a court will return the definition of marriage to the one we had for millennia that does so much good in a society. But, in 2019, we can move forward on marriage. In this post-Obergefell climate, we must explain how natural marriage preserves a healthy culture and enact policies that support and encourage it.
Listen to this Viewpoint
Viewpoints
View All
Intelligence Gathering
Kerby AndersonOver the last month, we have been talking about China. When talking about China, we usually talk about its strengths and technological developments. But there is another side to intellig...
Freedom’s Foundations
Kerby Anderson Freedom in this country depends upon three important foundations: morality, limits, and human rights. First, freedom depends on morality. John Adams observed, “Our constitution was made...
Raise Tax Rates?
Kerby Anderson With estimates that the federal deficit will increase this year, we are once again hearing comments about making the “rich pay their fair share.” Even if we set aside the moral argument...
Take Action
View All
Support the Safeguarding Women from Chemical Abortion Act
The abortion pill harms women and kills unborn children. Congress must act.
Contact Congress About the Prevent Government Shutdowns Act of 2025
Congress needs to get the job done, not run away from work.