JULY 06,
2018
VOLUME 49
ISSUE 27
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AMERICA’S LGBTQ NEWS SOURCE
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WASHINGTONBLADE.COM
Marriage rights in jeopardy? Kennedy’s retirement raises questions about how secure our rights really are By CHRIS JOHNSON cjohnson@washblade.com After announcing his retirement following 30 years on the U.S. Supreme Court, Associate Justice Anthony Kennedy leaves a profound legacy in favor of gay rights — but questions linger over whether his legacy is in jeopardy and same-sex marriage rights are in danger now that he’s stepping down. That legacy includes decisions guaranteeing the constitutional right of same-sex couples to marry.
In 2013, Kennedy wrote the opinion in Windsor v. United States striking down the anti-gay Defense of Marriage Act, which barred federal recognition of same-sex marriages. Two years later in 2015, Kennedy wrote the decision in Obergefell v. Hodges, which struck down state laws against same-sex marriage and spread marriage equality nationwide. But Kennedy’s legacy on gay rights extends beyond marriage and goes back decades. In 1996, Kennedy wrote the opinion in Romer v. Evans, striking down Colorado’s Amendment 2 on the basis that bare animus cannot justify anti-gay laws. In 2003, Kennedy was the author of the ruling in Lawrence v. Texas, which found state laws criminalizing samesex relations are unconstitutional. More recently, Kennedy wrote the decision in the CONTINUES ON PAGE 12
Is same-sex marriage in jeopardy now that Justice ANTHONY KENNEDY has announced plans to step down from the Supreme Court?
Attorneys reflect on Kennedy legacy Romer, Lawrence, Windsor and Obergefell lawyers look back By CHRIS JOHNSON cjohnson@washblade.com
From left, JEAN DUBOFSKY, PAUL SMITH, ROBERTA KAPLAN AND MARY BONAUTO. PHOTO OF DUBOFSKY COURTESY OF DUBOFSKY; BLADE PHOTOS OF SMITH, KAPLAN AND BONAUTO BY MICHAEL KEY
U.S. Associate Justice Anthony Kennedy is stepping down from the U.S. Supreme Court after writing four milestone cases in favor of gay rights over the course of his 30 years on the bench. The Washington Blade contacted the attorneys who argued each of those cases — Romer v. Evans in 1996, Lawrence v. Texas in CONTINUES ON PAGE 14
2003, U.S. v. Windsor in 2013 and Obergefell v. Hodges in 2015 — for their reflections on those decisions and LGBT rights in the aftermath of Kennedy’s retirement. Here are their responses: Romer v. Evans — Colorado’s Amendment 2 is unconstitutional because bare animus cannot justify anti-gay measures Kennedy: “Even if, as the State contends, homosexuals can find protection in laws and policies of general application, Amendment 2 goes well beyond merely depriving them of special rights. It imposes a broad disability upon those persons alone, forbidding them, but no others, to seek specific legal protection from injuries caused by discrimination in a wide
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