Justice Kennedy's Eloquent Response





It's uncertain if Justice Kennedy will provide the fifth vote to strike down Prop 8. Many feel he will simply vote to dismiss Prop 8 on the grounds of legal standing, leaving the Ninth Circuit Court's decision to invalidate Prop 8 in place. Regardless of how this shapes up (and we probably won't know this until late June), Justice Kennedy delivered an elegant summation of what allowing Prop 8 to stand is all about as follows:




“[The] sociological information is new. We have five years of information to weigh against 2,000 years of history or more. On the other hand, there is an immediate legal injury or what could be a legal injury, and that's the voice of these children. There are some 40,000 children in California, according to the Red Brief, that live with same-sex parents, and they want their parents to have full recognition and full status. The voice of those children is important in this case don't you think?” 

— Justice Anthony Kennedy on the constitutionality of California's Proposition 8 banning same-sex marriage
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