Retired Justice Anthony Kennedy recently reflected on his landmark 2015 ruling that legalized same-sex marriage in the United States, asserting that the decision will not be overturned. Speaking in an interview with CNN, Kennedy emphasized that the depth of his understanding regarding the impact of the ruling on families, particularly adopted children, played a crucial role in his reasoning.
Kennedy stated, “A large part of the reasoning in the opinion… was that I had not known how many children were adopted by parents who were gay or lesbian. At first, I thought there were 75,000 children or so. It’s in the hundreds of thousands.” This insight influenced his perspective on the importance of legal recognition for same-sex couples and their families.
The Supreme Court’s decision in Obergefell v. Hodges was grounded in the Fourteenth Amendment, which guarantees liberty and equal protection under the law. Kennedy noted that the lack of legal recognition for same-sex marriage significantly impacts children. He argued, “Without the recognition, stability, and predictability marriage offers, their children suffer the stigma of knowing their families are somehow lesser.”
Despite the controversial nature of the ruling, Kennedy remains confident that it will endure. He pointed out that the current court has shown no interest in reversing the decision. Although dissenting justices, including Chief Justice John Roberts and Justices Clarence Thomas and Samuel Alito, have expressed concerns, Kennedy underscored the principle of stare decisis, which advocates for adherence to established precedents. He explained, “Stare decisis… is based on reliance, and there has been substantial reliance by adopting parents.”
Kennedy, who retired from the Supreme Court in 2018, provided pivotal votes on critical issues such as gay rights and abortion during his three-decade tenure. He has recently published a memoir titled “Life, Law & Liberty,” in which he discusses his experiences and the complexities of his judicial decisions. The book highlights his internal conflicts, particularly regarding his Catholic faith, which at times clashed with his judicial duties.
In a notable chapter, Kennedy recounted the 1992 decision in Planned Parenthood v. Casey, which upheld Roe v. Wade. When asked if he would have voted to reverse Roe if he were still on the bench, he refrained from commenting directly, stating, “I stand by what I’ve written.”
Kennedy also addressed the May 2022 leak of a draft opinion from the Supreme Court, which indicated a potential reversal of Roe v. Wade. He expressed his disappointment over the incident and the lack of accountability in identifying the leaker. “It was very serious,” he remarked, noting that over 90 individuals had access to the draft.
As a native of Sacramento, California, Kennedy continues to engage with current legal discussions, expressing concern over the increasingly polarized tone of judicial opinions. He emphasized the importance of maintaining a respectful discourse among justices, stating, “It’s very important to me that the opinions be written in a more moderate tone than they are.”
While he chose not to criticize any individual justices, he did express unease about the current political climate, remarking, “I’m concerned about the level of discourse and confrontation in the political world – generally.” Kennedy’s comments shed light on his belief that the integrity of the judiciary relies on mutual respect and a commitment to legal principles.
