Balkinization  

Thursday, July 02, 2015

Dignity and same-sex marriage

Andrew Koppelman



As everyone expected, the Supreme Court decided that same-sex couples have a right to marry by a 5-4 margin, with Anthony Kennedy writing a majority opinion full of vague talk about dignity.  His opinion relied on his strange idea that marriage is fundamentally about conferring dignity on people.  There is something to this.  Everyone understands that dignity was at stake in this decision.  (The headline on the front page of the New York Times the next day was simply “Equal Dignity,” quoting those words from the opinion.)  But he delivers that news in a garbled way.

I try to ungarble it in a new column in Salon, here.

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