U.S. Supreme Court,
Constitutional Law,
Civil Rights
Nov. 18, 2015
Kennedy's marriage opinion points the way forward
The Obergefell opinion is the culmination of a decades-long project to enshrine the notion of dignity into the very core of our 14th Amendment jurisprudence.
Laurence H. Tribe
Harvard UniversityLaurence is a University Professor at Harvard and a Professor of Constitutional Law at Harvard Law School.
In the aftermath of the U.S. Supreme Court's decision this summer in Obergefell v. Hodges, it quickly became a sign of sophistication to treat Justice Anthony Kennedy's majority opinion with knowing condescension. In finding a constitutional right to same-sex marriage, the decision may have been a political masterstroke, many thought, but it was a doctrinal dud. These glib detractions could not be more misguided.
Obergefell is and will, I hope, come to be re...
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