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James Taranto at WSJ: Why the same-sex ?marriage? ruling will stand

By Alliance Alert

James Taranto writing at The Wall Street Journal / Best of the Web: "[W]hile Kennedy cannot be pigeonholed in terms of 'ideology,' on this specific topic, he has been consistent in taking a very broad view of the rights of homosexuals. He not only voted with the majority but wrote the majority opinions in two crucial cases: Romer v. Evans (1996) and Lawrence v. Texas (2003) . . . In Perry . . . the defendants are unlikely to be able to counter the plaintiffs' claims by arguing that forcing states to recognize same-sex marriage violates anyone's individual rights. Their appeals are to tradition, morality and the collective right of the people to self-government--worthy arguments, we would say, but ones Justice Kennedy has already rejected in Romer and Lawrence."

Full post as published by Constitutionally Correct on August 05, 2010 (boomark / email).