Recognizing Human Dignity

It is risky to predict the outcome of Supreme Court cases based on what the justices say at the oral argument. But Kennedy’s commitment to the principle of human dignity and his understanding of its role in protecting intimate relationships run deep. If Bonauto and her colleagues succeed in winning the right for same-sex couples to marry, we can expect strong language from Kennedy defending the decision as essential to support human dignity. And an opinion on that ground will move US constitutional law closer to modern world jurisprudence that recognizes dignity as a preeminent value requiring protection.


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