Retired US Supreme Court Justice Anthony Kennedy has expressed fears that democracy is not guaranteed to survive, citing increasing partisanship and bitterness in the court's opinions. In an upcoming interview with NPR, Kennedy said partisanship is becoming more prevalent and bitter, and urged the court to moderate and become more respectful.
Kennedy, who served on the Supreme Court for three decades and authored the majority opinion legalising same-sex marriage, made the comments ahead of the release of his memoir, Life, Law & Liberty, on 14 October. He also addressed the 2015 Obergefell decision, which legalised same-sex marriage nationwide, and noted that the strongest argument in its favour was the impact on children of gay parents, who were often denied legal recognition of both parents.
Kennedy recounted that the situation of hundreds of thousands of children of gay parents, who could not say they had two parents, was 'terribly demeaning' and influenced his decision. He also recalled a heated exchange with the late Justice Antonin Scalia, who later apologised for his scathing rhetoric.
The interview comes as the Supreme Court begins a new term on 6 October, during which it may consider a request to overturn the Obergefell decision. Justice Clarence Thomas has publicly stated he does not feel bound by precedent if he finds it 'totally stupid'. Kennedy's warning about democracy's fragility echoes his earlier concerns about the erosion of respectful discourse.
