Tuesday, June 30, 2015

Charles C. W. Cooke — A Few Thoughts on Today’s Obergefell Supreme Court Decision

Having read today’s Obergefell v. Hodges decision, I have a few thoughts:

1) Although I am a supporter of same-sex marriage, I cannot celebrate Justice Kennedy’s majority opinion for anything other than its outcome. It is difficult to read, poorly reasoned, vague to the point of confusion, transparently opportunistic, and arrogant as hell. 

As Ace of Spades’s Gabriel Malor — with whom I disagree on the broad legal question — writes today, “The only word I’m coming up with for J. Kennedy’s opinion is ‘mushy.’ It’s mushy. This is [substantive due process] and [equal protection] jurisprudence? Gimme some legal principles to work with, dude.”

Read more at: http://www.nationalreview.com/corner/420381/due-process-gay-marriage-gay-marriage-decision?target=author&tid=23105