Kennedy and Thomas: a study in contrasts

Posted on 26 Jun 2015 at 2:22pm
Official Photograph of Justice Anthony Kennedy

Justice Anthony Kennedy

In one corner of today’s historic ruling on marriage equality we have Justice Anthony Kennedy, who wrote the opinion of the majority that legalized same-sex marriages nationwide. (You can read the majority opinions and four dissents here.)

Take a look at his moving closing paragraph:

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. 

Aww. Sweet. Sincere. Moving.

Then dammit Justice Clarence Thomas, you had to write this in your decision:

The corollary of that principle is that human dignity cannot be taken away by the government. Slaves did not lose their dignity (any more than they lost their humanity) because the government allowed them to be enslaved. Those held in internment camps did not lose their dignity because the government confined them. And those denied governmental benefits certainly do not lose their dignity because the government denies them those benefits. The government cannot bestow dignity, and it cannot take it away.

I hate to know what that a boxing match between the two would look like.

Comments (powered by FaceBook)