VIEW VIEWPOINT

Obergefell is Policy

Written by Kerby Anderson December 28 - 2018
Penna Dexternever miss viewpoints
Over three years ago, the US Supreme Court ruled that the fundamental right to marry is guaranteed to same-sex couples. The ruling has resulted in all states being required to perform and recognize same-sex marriages. This was a 5-4 decision, along liberal/conservative ideological lines. The swing vote was now-retired Justice Anthony Kennedy. He wrote the opinion for the majority. It turns out Justice Kennedy's thinking had little to do with the Constitution. He sat down recently with Bloomberg TV host David Rubenstein and revealed that, for him, Obergefell v. Hodges was more of a policy preference than a decision based on constitutional reasoning. Justice Kennedy is Catholic. He stated in this interview that, because of his religious beliefs, he surprised himself in coming to this decision. He said he was concerned about correcting an injustice for the future. He brought up adoption by gay couples, saying: "As I thought about this, and I thought about it more and more, it seemed wrong — unconstitutional — to say that over 100,000 adopted children could not have their parents married." But, redefining marriage deprives those children of one biological parent. That's constitutional? Justice Kennedy also told host David Rubenstein that, "Your duty in every case is to ask why you are doing what you are about to do." But where's the part about a justice's duty to interpret the constitution? Family Research Council's Peter Sprigg sums up Justice Kennedy's role in this ruling: "He decided he thought it was a good idea, so he decided to impose it on the country." So glad he's off the court. Maybe someday a court will return the definition of marriage to the one we had for millennia that does so much good in a society. But, in 2019, we can move forward on marriage. In this post-Obergefell climate, we must explain how natural marriage preserves a healthy culture and enact policies that support and encourage it. penna's vp small

Listen to this Viewpoint

Viewpoints

View All
1786488303 6a7ba5efc13fa
August 13, 2026
Kerby Anderson

Christian Worldview

What does the word “Christian” mean these days? It doesn’t seem to mean very much. The last few reports from the George Barna’s Cultural Research Center at Arizona Christian University reveal that a v...

Listen
1786398841 6a7a487953607
August 12, 2026
Kerby Anderson

Islam and Christianity

Many false ideas are being spread by a handful of popular podcasters. Fortunately, John Stonestreet and Professor Glenn Sunshine answer with a Breakpoint commentary, “No, Islam is Not Kind to Christia...

Listen
1786139403 6a76530bc64fe
August 11, 2026
Kerby Anderson

Socialist America

What is the socialist vision for America? The standard answer is to look at the platform for the Democratic Socialists of America. But some might be inclined to believe that the DSA platform is merely...

Listen

Take Action

View All
Protect Privacy Against Flock Cameras
August 9, 2026

Protect Privacy Against Flock Cameras

Flock cameras are everywhere. While one camera is a tool, the more than 100,000 AI-powered cameras now posted around our nation are a new layer of dig...

Support the SAVE Act
July 20, 2026

Support the SAVE Act

SAVE Election Integrity with Voter ID.

Support the Safeguarding Women from Chemical Abortion Act
April 15, 2026

Support the Safeguarding Women from Chemical Abortion Act

The abortion pill harms women and kills unborn children. Congress must act.

FACE Act Repeal Act of 2025
January 12, 2026

FACE Act Repeal Act of 2025

Pro-lifers have been abused under the FACE Act for long enough.