Justice Anthony Kennedy

The Sexual Revolution Turns Ugly

How many intellectuals have come to the revolutionary party via the path of moral indignation, only to connive ultimately at terror and autocracy? ∼ Raymond Aron The Sexual Revolution is now out of control. Initially promising freedom, like all revolutions, it has entered something like its Reign of Terror phase and is devouring its own children. As with [...]

Obergefell and the Apotheosis of Judicial Will

With the confirmation of Neil Gorsuch to the U.S. Supreme Court, many social conservatives breathed a sigh of relief. From what we know of his record, Justice Gorsuch does seem to be a worthy successor to Justice Antonin Scalia. Even if Gorsuch is somewhat less distinguished as a legal mind than Scalia, he is clearly [...]

The Flowering of Legal Cynicism

More than one commentator has noted that the majority decision in Obergefell v. Hodges, requiring states to issue marriage licenses to same-sex couples, actually was decades in the making. No-fault divorce and our culture of sexual promiscuity, separating sex and even pregnancy from childbirth, inevitably dissolved the social consensus recognizing the natural family, including its children, [...]

Time to Knock the Supremes Down a Peg or Three

Besides doing something about certain lawless decisions made by our black-robed masters, something must also be done about how we came to such a place where they can cast their gaze across the fruited plain and whatever catches their fancy becomes the law of the land, indeed higher than the Constitution. Roe was bad enough, [...]

Justice Kennedy Creates Same-Sex “Marriage” Ex Nihilo

In Obergefell v. Hodges, America was once again confronted with the pseudo-philosophical and theological ruminations of Justice Anthony Kennedy. Though one’s initial, reasonable tendency would be to assess any court decision on legal grounds, Justice Kennedy’s opinion is founded on a constitutional jurisprudence that went awry long ago. Instead, perhaps the more appropriate hermeneutic for [...]

Is Polygamy Right Around the Corner?

Why did same-sex “marriage” (SSM) activists focus only on gay marriage and not bring along polygamy for the ride? The arguments that apply to SSM certainly apply to polygamy, but with even more force. Consider that one of Anthony Kennedy's arguments in favor of recognizing SSM was that there is a stigma attached to same-sex [...]

Kennedy Replaces the “Laws of Nature” with His Own

Same-sex "marriage" advocates will heartily celebrate July 4 this year, thrilled with the possibilities in the New America they’re creating in their own image. They will be especially grateful to Anthony Kennedy and the four liberal justices who gave them gay "marriage" by assuming unto themselves what Thomas Jefferson two-and-a-half centuries ago called “the Laws [...]

On Justice Kennedy’s Tenuous Grasp of Human Dignity

“At the heart of liberty,” wrote Justice Anthony Kennedy, poetaster supreme, versifying for the majority in Planned Parenthood v. Casey (1992), is “the right to define one's own concept of existence, of meaning, of the universe, and of the mystery of human life.” That included the mysterious business of taking other lives, inconvenient lives brought [...]

The Supreme Court: A Despotic Agent of Change

We have seen all this before. The Supreme Court takes on an important and controversial case. One side aims clearly at an end-result based on personal and ideological predilections.  It knows that it has the votes to win a majority of the court and to impose its decision on the nation. Yet, it is not [...]

Why Same-Sex “Marriage” Arguments are So Terrible

On April 28, the Supreme Court heard oral arguments on whether same-sex "marriage" should be legal in every state. As articulated by Justice Kennedy, gay and lesbians have a powerful motivation for their claim, namely, human dignity: “Same-sex couples say, of course, we understand the nobility and the sacredness of the marriage. We know we can’t [...]

A Child of Gay Parents Writes to Justice Kennedy

Dear Justice Kennedy, June is nigh, and with it will comes your ruling on the most contentious political issue of our time: marriage. I write because I am one of many children with gay parents who believe we should protect marriage. I believe you were right when, during the Proposition 8 deliberations, you said “the [...]

The Irrationality of the Court’s DOMA Decision

So-called same-sex marriage is not yet the law of the land, although in its U.S. v. Windsor case handed down on June 26, 2013, the U.S. Supreme Court nevertheless recognized it as truly a marriage in those jurisdictions where it has been legalized by some official action. How the high court could ever have legalized [...]

The Darkness Gathers

In his dissent in United States v. Windsor, the Supreme Court decision invalidating the federal definition of marriage as natural marriage, Justice Scalia rightly identified as particularly outrageous the Court’s assertion that the purpose of the definition was a “‘bare ... desire to harm’ couples in same-sex marriages.” The assertion is ignorant and bigoted to [...]

Want Religious Liberty? Live Your Faith

From the standpoint of Catholicism there is no more important right than religious liberty. It is the first of our freedoms. As Catholics, we cherish religious liberty because we have been made by God and for God—our hearts are restless, as Saint Augustine wrote, until they rest in Him. God gave us freedom so that [...]

The Supreme Court’s Misuse of Children to Justify Same-Sex Marriage

Of all the misconceived nonsense in the recent Windsor v. United States ruling, perhaps the most egregious was Justice Anthony Kennedy’s insinuation that “the children made me do it.” Windsor declared the Defense of Marriage Act unconstitutional because it defined marriage as being between one man and one woman. Why was DOMA a problem for [...]

Has Marriage Already Been “Redefined”?

Nobody knows how the Supreme Court will ultimately rule on the two cases concerning so-called same-sex “marriage,” the California Proposition 8 case and the Defense of Marriage Act (DOMA) case, on which the high court recently heard two days of testimony. However, some of the comments made by several justices in the course of the [...]

The Unseemly Campaign Directed at One Man

Many years ago I sat with Justice Scalia at a Catholic prayer breakfast in New York City. As we ate, a waiter approached, leaned into Scalia and handed him a FedEx package. This was suspicious since FedEx does not deliver on Sunday. Scalia said, “Must be a bomb” and tossed it unopened into the middle [...]

Justice Anthony Kennedy and the Prop 8 ruling

According to Dahlia Lithwick at Slate, Judge Vaughn Walker's decision to overturn California's Proposition 8 will be difficult for the U.S. Supreme Court to reverse. That is because Walker appears to have written his opinion with one specific Supreme Court justice in mind: I count -- in his opinion today -- seven citations to Justice [...]

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