Saturday, June 27, 2015

Quotes from Justice Kennedy's Opinion



Here are some excerpts from the Supreme Court ruling on marriage rights (written by Justice Kennedy):

The nature of injustice is that we may not always see it
in our own times. The generations that wrote and ratified
the Bill of Rights and the Fourteenth Amendment did not
presume to know the extent of freedom in all of its dimensions, and so they entrusted to future generations a charter protecting the right of all persons to enjoy liberty as we
learn its meaning. When new insight reveals discord
between the Constitution’s central protections and a received legal stricture, a claim to liberty must be addressed.
Applying these established tenets, the Court has long
held the right to marry is protected by the Constitution.
In Loving v. Virginia, 388 U. S. 1, 12 (1967), which invalidated bans on interracial unions, a unanimous Court held
marriage is “one of the vital personal rights essential to
the orderly pursuit of happiness by free men.” The Court
reaffirmed that holding in Zablocki v. Redhail, 434 U. S.
374, 384 (1978), which held the right to marry was burdened by a law prohibiting fathers who were behind on
child support from marrying. The Court again applied
this principle in Turner v. Safley, 482 U. S. 78, 95 (1987),
which held the right to marry was abridged by regulations
limiting the privilege of prison inmates to marry. Over
time and in other contexts, the Court has reiterated that
the right to marry is fundamental under the Due Process
Clause. See, e.g., M. L. B. v. S. L. J., 519 U. S. 102, 116
(1996); Cleveland Bd. of Ed. v. LaFleur, 414 U. S. 632,
639–640 (1974); Griswold, supra, at 486; Skinner v. Oklahoma ex rel. Williamson, 316 U. S. 535, 541 (1942); Meyer
v. Nebraska, 262 U. S. 390, 399 (1923).
This analysis compels the conclusion that same-sexcouples may exercise the right to marry.
...the right to marry is a fundamental right inherent in the liberty of the person, and under the Due Process and Equal Protection Clauses of the Fourteenth Amendment couples of the same-sex may not be deprived of that right and that liberty.
An individual can invoke a right to constitutional protection when he or  she is harmed, even if the broader public disagrees and even if the legislature refuses to act. The idea of the Constitution “was to withdraw certain subjects from the vicissitudes of political controversy, to place them beyond the reach of majorities and officials and to establish them as legal principles to be applied by the courts.” West Virginia Bd. of Ed. v. Barnette, 319 U. S. 624, 638 (1943). This is why “fundamental rights may not be submitted to a vote; they depend on the outcome of no elections.”
No union is more profound than marriage, for it embodies the highest ideals of love, fidelity, devotion, sacrifice, and family. In forming a marital union, two people become something greater than once they were. As some of the petitioners in these cases demonstrate, marriage embodies a love that may endure even past death. It would misunderstand these men and women to say they disrespect the idea of marriage. Their plea is that they do respect it, respect it so deeply that they seek to find its fulfillment for themselves. Their hope is not to be condemned to live in loneliness, excluded from one of civilization’s oldest institutions. They ask for equal dignity in the eyes of the law. The Constitution grants them that right. The judgment of the Court of Appeals for the Sixth Circuit is reversed. It is so ordered.

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