Justice Anthony Kennedy’s opinion for the Supreme Court’s 5-4 majority in Obergefell v. Hodges is that same-sex couples anywhere in America have a constitutional right to marry.
That “right,” like the “right” to abortion established in the 1973 Roe v. Wade case, is supposedly based on the Constitution’s 14th Amendment prohibition of state actions to “deprive any person of life, liberty, or property, without due process of law. ...”
The decision reflects conjuring, not the deductive reasoning that should support Supreme Court decisions. Moreover, the court’s slim majority of three women and two men — two Catholics and three Jews, who are a tiny and starkly unrepresentative subset of America’s religious demographics — short-circuited the democratic process for more than 300 million Americans and ran roughshod over an institution that’s been a cornerstone of human societies for thousands of years.
President Ronald Reagan, who nominated Kennedy for the court because of Kennedy’s conservative jurisprudence, must be rolling over in his grave.
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