Archive for March, 2019

Kennedy’s “four principles” in Obergefell

March 13, 2019

–A first premise of the Court’s relevant precedents is that the right to personal choice regarding marriage is inherent in the concept of individual autonomy…. [12,13]

—A second principle in this Court’s jurisprudence is that the right to marry is fundamental because it supports a two-person union unlike any other in its importance to the committed individuals…. [13, 14]

—A third basis for protecting the right to marry is that it safeguards children and families and thus draws meaning from related rights of childrearing, procreation, and education…. [14, 15, 16]

Fourth and finally, this Court’s cases and the Nation’s traditions make clear that marriage is a keystone of our social order. [16,17]