LEGALST 39D Lecture Notes - Lecture 6: Antonin Scalia, Incest
10 Oct 2016
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Kennedy: we (the five attorneys forming the majority of the court) are smarter now, couples are now equals. Essence of marriage is not between a man and a woman, but between two equals. He likes marriage, marriage is a good thing. Gay couples can adopt children, it is good for the children to know their parents are married. Job of the states to define the marriage, not federal government and certainly not the court. Kennedy says that the right to marriage is fundamental (history shown by. 2 things have changed: marriage is now of equals and we don"t think homosexuality is deviant behavior anymore, it is immutable. Need to take a new look on fundamental rights, which we do not get to vote on. He thinks that the court is legislating. And the answer is that the court should not be able to do so. Criticizes kennedy as a moral philosopher and not a jurist.
