For once I can legitimately blame Anthony Kennedy for my problems. I mean, I sort of always could, because I had Judge Bork as a professor in law school, and I wouldn’t have had to endure his weird lectures on the right to engage in necrophilia (which came in handy today, weirdly) as being part of the “penumbras and emanations” of the Bill of Rights that ultimately created the “right to privacy,” and his penchant for carrying around fried foods in his suit pocket (true story). But today, Anthony Kennedy has made a generation of lawyers just feel really, really tired.
Writing for the majority, Kennedy ruled, with the Supreme Court, that state bans on gay marriage are unconstitutional, striking down, specifically, statutes in Michigan, Ohio, and Indiana, within the Sixth Circuit. States don’t have to be in the marriage business, he said, but where they are, they can’t discriminate.