Kennedy’s “four principles” in Obergefell

–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]


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