Would Justice Kennedy have ruled in favor of same sex marriage if........?

if the majority of states BANNED gay marriage and it had only been legal in a few parts of New England?

hypothetical situation but I'm curious....

Roe v. Wade was unique in that only a few states had allowed abortion at the time......

but usually judges weight for a "public consenus" as they did with interracial marriage (like two-thirds of the country already legalized it at the time the SCOTUS ruled on it).....

is Justice Kennedy a man who thinks it only "becomes" a right when the majority of states recognize it?

or would Justice Kennedy have ruled this way regardless?

3 Answers

  • J M
    Lv 7
    3 years ago
    Favorite Answer

    Justice Kennedy, like all Supreme Court judges rule based on the Constitution. Roe V. Wade was ruled based on the implied Constitutional right to privacy. The ruling guaranteed a woman a right to privacy with her doctor during the first trimester of pregnancy.

    Gay marriage is legal under the equal protection clause. All citizens are guaranteed equal protection under the law. Laws banning Gay marriage violated the rights of gays.

  • Anonymous
    3 years ago

    wait....there was a ruling on interracial couples? when was that at? and why was it banned in some places?

  • 3 years ago


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