It was in April, during oral arguments in the collection of cases known as Obergefell v. Hodges that Justice Kennedy publicly fretted over the legal outcome that his jurisprudence has, in effect, created. To the surprise of Court-watchers, Kennedy at one point let out that he had “a word on his mind . . . and that word is millennia.”
There it was: an open acknowledgment that tradition, and the social order it has underwritten, do matter—if only so much.
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