Much of this week’s news is the Supremes and gay marriage, so what could be a better introduction than a piece on the man who will probably be the swing vote in this great debate?
We are, of course, talking about Justice Anthony M. Kennedy who was profiled Monday in the Los Angeles Times, the day before oral arguments. The Times is a natural medium to look at considering that Kennedy’s career took an interesting turn in Sacramento. That’s where he issued a ruling that wondered out loud if homosexual acts between consenting adults might be a constitutional right.
The article begins as follows:
Anthony M. Kennedy was a 44-year-old appeals court judge in Sacramento -- a Republican appointee and happily-married Catholic -- when he first confronted the question of whether the Constitution protected the rights of gays and lesbians.
His answer in 1980 did not make him a gay rights hero. Kennedy upheld the Navy’s decision to discharge three service members for “homosexual acts.”
But less noticed in that somewhat reluctant opinion -- unusual for its time, just two weeks before Ronald Reagan was elected president -- were the doubts Kennedy raised about the constitutionality of laws criminalizing gay sex.