Yes, share the joy of a
battle hard-won over discrimination and cruelty. That gives hope where the odds
overall are rigged in favor of the powerful few.
I wonder what would have
happened if the 5-4 today had duplicated yesterday’s 5-4. Coming on top of the
sequester and the arrogant rejection of any form of gun control, would that
finally have sparked a massive public explosion of dissent? Certainly those who fought militantly for gay
rights, like the earlier courageous fighters for civil rights, would be capable
of mounting a big response and moving millions in support. Maybe Justice
Kennedy thought a bit about that, as might Chief Justice Roberts who controls
the order in which decisions become public.
Kennedy’s occasional tilting
of the 5-4 seesaw makes him no hero. (David Brooks today declared himself a
big Kennedy fan.) The dominant five on today’s Supreme Court make a travesty of
fairness, justice, and democracy. What they did to the Voting Rights Act is a
disgrace, giving the go-ahead to frantic voter restriction schemes aimed at
holding back the tide of demographic change and progress.
No cheers for Kennedy, but a
big shout-out of happiness for those who fight so well in order to enjoy the
elementary right to love and marriage.
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