SHAWORDS

The primary rationale the State offers for Amendment 2 is respect for — Anthony Kennedy

"The primary rationale the State offers for Amendment 2 is respect for other citizens freedom of association, and in particular the liberties of landlords or employers who have personal or religious objections to homosexuality. Colorado also cites its interest in conserving resources to fight discrimination against other groups. The breadth of the amendment is so far removed from these particular justifications that we find it impossible to credit them. We cannot say that Amendment 2 is directed to any identifiable legitimate purpose or discrete objective. It is a status-based enactment divorced from any factual context from which we could discern a relationship to legitimate state interests; it is a classification of persons undertaken for its own sake, something the Equal Protection Clause does not permit. "[C]lass legislation ... [is] obnoxious to the prohibitions of the Fourteenth Amendment .... " Civil Rights Cases, 109 U. S., at 24. We must conclude that Amendment 2 classifies homosexuals not to further a proper legislative end but to make them unequal to everyone else. This Colorado cannot do. A State cannot so deem a class of persons a stranger to its laws. Amendment 2 violates the Equal Protection Clause, and the judgment of the Supreme Court of Colorado is affirmed. It is so ordered."
A
Anthony Kennedy
Anthony Kennedy
author35 quotes

Anthony McLeod Kennedy is an American lawyer who served as an associate justice of the Supreme Court of the United States from 1988 until his retirement in 2018. He was nominated to the court in 1987 by President Ronald Reagan, and sworn in on February 18, 1988. After the retirement of Sandra Day O'Connor in 2006, he was considered the swing vote on many of the Roberts Court's 5–4 decisions.

More by Anthony Kennedy

View all →
Quote
"One can conclude that certain essential, or fundamental, rights should exist in any just society. It does not follow that each of those essential rights is one that we as judges can enforce under the written Constitution. The Due Process Clause is not a guarantee of every right that should inhere in an ideal system. Many argue that a just society grants a right to engage in homosexual conduct. If that view is accepted, the Bowers decision in effect says the State of Georgia has the right to make a wrong decision — wrong in the sense that it violates some peoples views of rights in a just society. We can extend that slightly to say that Georgias right to be wrong in matters not specifically controlled by the Constitution is a necessary component of its own political processes. Its citizens have the political liberty to direct the governmental process to make decisions that might be wrong in the ideal sense, subject to correction in the ordinary political process."
A
Anthony Kennedy
Quote
"Speech is an essential mechanism of democracy, for it is the means to hold officials accountable to the people. [...] The right of citizens to inquire, to hear, to speak, and to use information to reach consensus is a precondition to enlightened self-government and a necessary means to protect it. [...] By taking the right to speak from some and giving it to others, the Government deprives the disadvantaged person or class of the right to use speech to strive to establish worth, standing, and respect for the speaker’s voice. The Government may not by these means deprive the public of the right and privilege to determine for itself what speech and speakers are worthy of consideration. The First Amendment protects speech and speaker, and the ideas that flow from each."
A
Anthony Kennedy
Quote
"In June 2003, the U.S. Supreme Courts majority opinion in Lawrence overruled Bowers. Kennedy wrote the opinion for the majority, which was long on philosophy and short on precedent. Kennedys opinion in Lawrence is a result in search of a rationale. He began with "Liberty protects the person from unwarranted government intrusions into a dwelling or other private places." This statement means absolutely nothing from a constitutional perspective. Every criminal or immoral act can be justified on the grounds of exercising liberty. But Kennedy has a purpose in such an approach. By using the catchall word "liberty" rather than applying the Constitution to the issue, he seeks to expand the plain meaning of the due process clause of the Fourteenth Amendment (which prohibits states from depriving "any person of life, liberty, or property without due process of law") to grant rights not mentioned elsewhere in the Constitution."
A
Anthony Kennedy
Quote
"Even laws enacted for broad and ambitious purposes often can be explained by reference to legitimate public policies which justify the incidental disadvantages they impose on certain persons. Amendment 2, however, in making a general announcement that gays and lesbians shall not have any particular protections from the law, inflicts on them immediate, continuing, and real injuries that outrun and belie any legitimate justifications that may be claimed for it. We conclude that, in addition to the far-reaching deficiencies of Amendment 2 that we have noted, the principles it offends, in another sense, are conventional and venerable; a law must bear a rational relationship to a legitimate governmental purpose, Kadrmas v. Dickinson Public Schools, 487 U. S. 450, 462 (1988), and Amendment 2 does not."
A
Anthony Kennedy

More on Relationship

View all →
Quote
"At the heart of liberty is the right to define ones own concept of existence, of meaning, of the universe, and of the mystery of human life....[P]eople have organized intimate relationships and made choices that define their views of themselves and their places in society, in reliance on the availability of abortion in the event that contraception should fail…. We conclude the line should be drawn at viability, so that, before that time, the woman has a right to choose to terminate her pregnancy....[T]here is no line other than viability which is more workable. To be sure, as we have said, there may be some medical developments that affect the precise point of viability, but this is an imprecision within tolerable limits....A husband has no enforceable right to require a wife to advise him before she exercises her personal choices."
A
Abortion case law in the United States
Quote
"Only the most willful blindness could obscure the fact that sexual intimacy is a “sensitive, key relationship of human existence, central to family life, community welfare, and the development of the personality.” The fact that individuals define themselves in a significant way through their intimate sexual relationships with others suggests, in a Nation as diverse as ours, that there may be many “right” ways of conducting those relationships, and that much of the richness of a relationship will come from the freedom an individual has to choose the form and nature of these intensely personal bonds."
A
Abortion case law in the United States
Quote
"The ideas set forth by organismic biologists during the first half of the twentieth century helped to give birth to a new way of thinking — "systems thinking" — in terms of connectedness, relationships, context. According to the systems view, the essential properties of an organism, or living system, are properties of the whole, which none of the parts have. They arise from the interactions and relationships among the parts. These properties are destroyed when the system is dissected, either physically or theoretically, into isolated elements. Although we can discern individual parts in any system, these parts are not isolated, and the nature of the whole is always different from the mere sum of its parts. The systems view of life is illustrated beautifully and abundantly in the writings of Paul Weiss, who brought systems concepts to the life sciences from his earlier studies of engineering and spent his whole life exploring and advocating a full organismic conception of biology."
F
Fritjof Capra