Same-Sex Ruling Took Justice Kennedy Six Days to Write

It took six days to write the ruling that guaranteed gays and lesbians the right to marry, said Supreme Court Justice Anthony Kennedy, at the Ninth Circuit Court’s annual judicial conference in San Diego this week. It was “very difficult” because, like all major opinions, it had to be able to stand on its own, Kennedy explained. “When we issue a decision we know is going to be controversial, we have to rely on that decision,” he said. Reflecting on the case, Kennedy related it to the 1989 opinion on flag-burning, which was controversial but became accepted over time.