Back in 2003, Justice Antonin Scalia issued a scathing dissent to Justice Kennedy’s majority opinion: “Today’s opinion dismantles the structure of constitutional law that has permitted a distinction to be made between heterosexual and homosexual unions, insofar as a formal recognition in marriage is concerned. If moral disapprobation of homosexual conduct is ‘no legitimate state interest’ for purposes of proscribing that conduct … what justification could there possibly be for denying the benefits of marriage to homosexual couples?”
Justice Kennedy insisted in 2003 that the Lawrence decision did not involve homosexual marriage and did not imply any necessary recognition of same-sex unions. In response, Scalia retorted: “This case ‘does not involve’ the issue of same-sex marriage only if one entertains the belief that principle and logic have nothing to do with the decisions of this Court.” He concluded: “Many will hope that, as this Court comfortingly assures us, this is so.”
As Justice Kennedy himself made abundantly clear today, Justice Scalia was right ten years ago. Justice Kennedy’s protestations that the Lawrence decision did not involve same-sex marriage were wrong. It is hard to avoid the moral conclusion that he was then both intellectually dishonest and disingenuous. The decision handed down today proves Justice Scalia to have been a prophet. He told the truth, and Justice Kennedy, in his own words, has proved Scalia to have been right.
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