~~May 1, 2015~~
A SWING VOTE AGAIN
Obergefell v. Hodges
Anthony McLeod Kennedy (born July 23, 1936) is an Associate Justice of the Supreme Court of the United States who was appointed by President Ronald Reagan in 1988. Since the retirement of Sandra Day O’Connor, Kennedy has often been the swing vote on many of the Court’s 5–4 decisions.
~Gay rights and homosexuality~
Kennedy’s concept of liberty has included some protections for sexual orientation. As early as 1980 then Judge Kennedy speculated that some homosexual behavior is constitutionally protected. He wrote the Court’s opinion in the 1996 case Romer v. Evans, invalidating a provision in the Colorado Constitution denying homosexuals the right to bring local discrimination claims.
In 2003, he wrote the Court’s opinion in Lawrence v. Texas, which invalidated criminal laws against homosexual sodomy on the basis of the Due Process Clause of the United States Constitution, overturning the Court’s previous ruling in 1986’s Bowers v. Hardwick.
In both cases, he sided with the more liberal members of the Court.
The decision in Lawrence also controversially cited foreign laws, specifically ones enacted by the Parliament of the United Kingdom, and a decision of the European Court of Human Rights, in partly justifying the result.
“As it appears in … full read/full credit”
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