June 26th, 2015

PK Icon

Briefly on Today's Decision in Obergefell

This is soooo much better than the steaming pile of pretentious condescendig crap that was the SJC decision in 2003. I've written too much on this on Facebook to repeat here. But I will simply say that dignity is unfortunately underrated these days. Kennedy roots his decision in equal protection before the law grounded in the fundamentals of human dignity, not in some Disney-fication loves conquers all nonsense. Kennedy treats petitioners with equal dignity and without condescension. There is no pat on the head to the poor unenlightened as the SJC did in their ridiculius opinion utterly misreading the rational basis doctrine.

Which is why Kennedy's opinion is so much more important than the SJC opinion. The SJC opinion literally boils down to "if 4 out of seven judges think the law is stupid, then we're done." Kennedy's decision reaffirms the doctrine of the Constitution as a living document, and that such a fundamental but undefined concept as "liberty" must change with the same measure and flexibility as human society.