Lowry: Justice Kennedy Holds Fellow Citizens in Contempt

Thursday, 27 Jun 2013 12:09 PM

By Lisa Barron

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Supreme Court Justice Anthony Kennedy has "contempt" for his fellow citizens, National Review editor Rich Lowry says in an op-ed.

Writing in Politico, Lowry mocked the 76-year-old justice: "If you disagree with him about gay marriage, if you merely think the federal government should continue to define marriage the traditional way while the states define it however they want, then you are a bigot. Your views deserve no political representation."

Kennedy wrote Wednesday's majority decision overturning the Defense of Marriage Act, which defined marriage as between a man and a woman.

In Kennedy's opinion, notes Lowry, "The majority held that DOMA inflicts an 'injury and indignity' on gay couples so severe that it denies 'an essential part of the liberty protected by the Fifth Amendment.' It is motivated by a 'bare congressional desire to harm a politically unpopular group.'"

"There is, in short, nothing to be said for it or the point of view of its supporters. Period. Full stop," he said.

"Kennedy mumbles about federalism concerns at the beginning of his decision," Lowry continued, "but it's hard to argue that the federal government can't have a definition of marriage as a guide to administering federal policy and benefits."

As support, Lowry quotes Ed Whelan of the Ethics and Public Policy Center, who wrote, "Under provisions of the Internal Revenue Code, a person who is legally separated from his spouse, but not yet divorced, is treated as unmarried, as is a person whose spouse is a nonresident alien. Likewise, under the immigration laws, a marriage entered into for the purpose of gaining an immigrant's admission will be disregarded even though that marriage remains valid under state law."

"So after the federalism throat clearing, Kennedy simply declares the supporters of DOMA hateful people," Lowry continued. "The members of Congress who passed the act and the president who signed it are morally no better than members of the Westboro Baptist Church who picket military funerals with their heinous signs declaring that 'God hates fags.'"

Lowry criticized the court for taking the decision on DOMA out of the hands of Congress, saying Kennedy and his colleagues "don’t want to wait for the long democratic process of deliberation to play itself out, not when they have such immense power to do whatever the hell they want."

"Once the high court has declared that the traditional definition is a product of irrational animus, over time it won't be allowed to stand anywhere," he warned. "It is Anthony Kennedy's country. We only live in it."





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