Kennedy, former U.S. Supreme Court Justice Anthony Kennedy’s three-decade long tenure on the bench. He’s currently writing his first memoir, Life, Law & Liberty, which will be released on October 14. She defended the appointment by then President Ronald Reagan of Kennedy to that position. Since then, he has made remarkable contributions to deciphering constitutional law, particularly civil rights. In a recent interview with NPR’s Nina Totenberg, he discussed his views on the Supreme Court’s pivotal decisions and expressed concerns about the future of democracy.
When Kennedy retired from the Supreme Court in 2018, he did so, secure in the knowledge that the most important decisions over which he presided would not be undone. His most famous ruling, Obergefell v. Hodges, was in 2015, making same-sex marriage legal all over the country. He articulated his belief that “No union is more profound than marriage, for it embodies the highest ideals of love, fidelity, devotion, sacrifice and family.”
In his posthumously published memoir, Kennedy offers a tender meditation on the sacrament of marriage. He stresses its importance for all Americans, regardless of sexual orientation. He wrote, “The nature of marriage is that, through its enduring bond, two persons together can find other freedoms, such as expression, intimacy and spirituality.” This lived experience gave weight to his convincing case for legalizing gay marriage. He recently underscored the denial of adoption rights to same-sex couples as the primary rationale for amending this policy.
Kennedy expanded on the deleterious effects of such legal barriers during the Augusta National interview with Totenberg. He underscored how many same-sex couples sometimes only legally have one parent. This scenario denies the other parent crucial rights, such as decision-making, visitation, and access to benefits. He stated, “Hundreds of thousands of children of gay parents” faced this dilemma, which he described as “terribly demeaning.”
Kennedy was hit on both fronts by opponents, including his close friend and fellow Justice Antonin Scalia. Though he often felt lonely in his positions, he nonetheless held his ground. Scalia once quipped that he “would hide my head in a bag” if he ever found himself supporting the positions favored by Justice Anthony Kennedy. Kennedy suggested that he brushed off Scalia’s harsh rhetoric, maintaining a friendship with him and Justice Clarence Thomas throughout their tenure.
Kennedy’s reflections have particular salience today, as trust in the Supreme Court plummets due to increasing concerns about its integrity. As he lamented, democracy is not guaranteed to continue to exist if we do not remain active participants in it and vigilant over its being. His concern goes to today’s polarized political environment and how that could play out in terms of independence of the judiciary.
In discussing the broader implications of his rulings, Kennedy noted that “there is dignity in the bond between two men or two women who seek to marry and in their autonomy to make such profound choices.” His unyielding commitment to civil liberties earned him accolades as a surprisingly moderately-conservative justice who defended individual rights.
Kennedy will be expanding upon these ideas in Life, Law & Liberty, so stay tuned! Today, he remains a leading force in America’s legal battles for constitutional law and civil rights. His scholarship has profoundly influenced today’s legal discourse, particularly on the topic of marriage equality and rights for LGBT and other marginalized communities.