Justice Kennedy on Why Same-Sex Marriage Will Stand
Retired Supreme Court Justice Anthony Kennedy, who authored the landmark 2015 ruling legalizing same-sex marriage in Obergefell v. Hodges, recently shared reflections on the case that defined his legacy. Speaking from his chambers, Kennedy revealed the human realities that deeply influenced his decision — particularly the number of children adopted by same-sex parents — and explained why he believes the ruling will stand the test of time.
The Human Factor Behind the Landmark Decision
Kennedy recalled being struck by the scope of adoption among gay and lesbian couples, noting that “it’s in the hundreds of thousands.” This awareness shaped his understanding of the broader social and emotional implications of marriage equality. “A large part of the reasoning in the opinion,” he said, “was that I had not known how many children were adopted by parents who were gay or lesbian.”
In his majority opinion, Kennedy wrote that denying same-sex couples the right to marry imposed deep social and financial harm: “Without the recognition, stability, and predictability marriage offers, their children suffer the stigma of knowing their families are somehow lesser.” The ruling, grounded in the Fourteenth Amendment’s guarantees of liberty and equal protection, extended marital rights nationwide and became a milestone in the American civil rights landscape.
Although the decision was narrowly won, with four dissenting justices — Chief Justice John Roberts, Clarence Thomas, Samuel Alito, and the late Antonin Scalia — Kennedy’s reasoning placed empathy and equality at the center of constitutional interpretation.
Why Kennedy Believes Obergefell Will Endure
Despite ongoing controversy and calls from some conservatives to revisit the decision, Kennedy expressed confidence that the ruling will remain intact. He emphasized the principle of stare decisis — the judicial respect for precedent — noting that “there has been substantial reliance by adopting parents.” Reversing the decision, he warned, would create “a tremendous reliance problem,” disrupting the lives and expectations of countless families who built their lives on the ruling’s legal protection.
Kennedy’s long tenure on the bench — from 1988 to 2018 — positioned him as a pivotal swing vote in several major cases, including those concerning abortion rights and affirmative action. His new memoir, Life, Law & Liberty, reflects on the internal conflicts he faced as a devout Catholic interpreting the Constitution in cases involving abortion and LGBTQ+ rights. He revealed that his colleagues often assigned him such opinions knowing the personal and legal tension he carried.
Reflecting on the current Supreme Court, Kennedy lamented the increasingly harsh tone in judicial opinions and the erosion of collegiality among justices. “It’s very important to me that the opinions be written in a more moderate tone,” he said, warning that “the law depends on the respect given to the court’s opinions.”
At 89, Kennedy remains a voice for judicial integrity and restraint, still guided by the belief that the law should evolve with humanity’s capacity for compassion. His reflections underscore that the right to marry — and the dignity it confers — is not just a legal principle, but a testament to the enduring power of equality under the Constitution.
