27 March 2013

0.0025 Why does Justice Kennedy say "We have five years of information to pose against 2,000 years of history or more"? Because he's not Jewish? Because he doesn't know that marriage as a formalised, state-sanctioned ritual administered by churches is actually a development from the Middle Ages? And why, then, do I feel I cannot trust him to rule well in this case? If I reckon Alito, Roberts, Scalia, and Thomas are nearly certain to rule against anything that advances equal rights to gays & lesbians in regard to such a ludicrously divisive issue, Kennedy now becomes the fifth vote in the majority ruling I expect. Maybe Ruth Bader Ginsberg can be counted on, at least in regard to California's Prop 8, and maybe Kagan and Sotomayor, but what about Bryer? Can I hope that Kennedy might yet come up to bat for the other side? The remarks off the bench during the arguments aren't always instructive. I hope for the best.

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