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Is Kennedy the First ‘Gay Justice’? Well, yes, but he’s not into humiliation

Official Photograph of Justice Anthony KennedyWhere oh where do some otherwise fairly good Republican presidents and, in this case, one of the greatest presidents in history, find these guys? Ronald Reagan made few mistakes during his two terms in office but, brother, Anthony Kennedy was sure one of them.

Kennedy is the czar of government land grabs, the champion of Muslim terrorists at Guantanamo Bay, and, now, the “first gay justice” of the Supreme Court.

Yeah. Embarrassing.


Washington (CNN) — Justice Anthony Kennedy was among the first of his colleagues to arrive Wednesday at the U.S. Supreme Court. His chambers lit up several hours before the last-day release of monumental rulings on same-sex marriage.

There was little doubt that later that morning, this quietly powerful justice would be having a major say in the legal, political, and social path of gay rights moving forward.

And at precisely 10 a.m., Kennedy kicked off the public session with his eloquent majority ruling striking down a key part of a federal law that blocks a range of benefits for legally married gay and lesbian couples.

The Defense of Marriage Act “humiliates tens of thousands of children now being raised by same-sex couples,” he said. “The law in question makes it even more difficult for the children to understand the integrity and closeness of their own family and its concord with other families in their community and in their daily lives.”

“If Bill Clinton was ‘the first black president,’ Anthony Kennedy has now firmly secured his place in history as ‘the first gay justice,'” said Michael Dorf, a law professor at Cornell University and a former Kennedy law clerk. Read more

SCHREEEECH! Back up. Just where in the Constitution are we guaranteed freedom from humiliation? Where does it assure us of the right to “understand the integrity and closeness” of family or its “concord with others”?

We are promised life, liberty and the pursuit of happiness, but nowhere are we guaranteed the right not to be laughed at because our mother and father, both, look like Rosie O’Donnell. Not that that makes Rosie O’Donnell a bad kind-of-sort-of father, you understand.

This is good old-fashioned George W. Bush compassionate conservatism run amok. If anything, gay marriage is a states’ rights issue but it certainly is not a constitutional one. The Constitution says nothing about homosexuality or marriage, anymore than it does the wearing of periwinkle tuxedos.

The Left’s gay agenda doesn’t have anything to do with gay marriage; it has to do with forcing religious conservatives to accept what they believe in their hearts is an affront against God and nature.

But I won’t even take the religious position here: It doesn’t take a Rhodes scholar to know that homosexuality is a nonproductive lifestyle. Nonproductive in the biological sense, that is. No one’s saying you gay guys don’t create the absolute best three-cheese soufflés on the planet.

But the freshman math doesn’t even add up.

Homosexuality may be a chance to play house; it may be an in-your-face to Mommy and Daddy for not being there; it may be a great party for those with a hedonistic bent. I’m not even throwing ice water on the party. But homosexuality does not produce life, and the production of life is what sustains a civilization.

Kennedy’s DOMA majority opinion has no precedent in constitutional law, not to mention that no nation on earth since the beginning of time acknowledged same-sex marriage as a legitimate right before the year 2000.

So, in some mushy, pop-cultural sense Anthony Kennedy may be the first gay justice, but in the legal sense he is just another judicial activist.

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July 2013

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