Former Supreme Court justice reflects on his LGBTQ+ rights legacy amid growing uncertainty

In a rare interview with ABC News, former Supreme Court Justice Anthony Kennedy discussed his reflections on his career, legacy, and his recently released memoir, "Life, Law & Liberty." During his 30 years on the bench, Kennedy cast pivotal votes in landmark cases that dismantled state restrictions on anti-discrimination protections for LGBTQ+ individuals, decriminalized same-sex intimacy, and mandated federal recognition of legal marriages for same-sex couples.

Kennedy, who was nominated by President Ronald Reagan in 1987, expressed concern over the potential longevity of his decisions regarding gay rights. “We’ll see. That’s for the next generation to decide,” he stated in the interview.

His opinion in the historic 2015 case, Obergefell v. Hodges, was instrumental in extending marriage rights to same-sex couples across the nation. However, some former colleagues, including Justice Clarence Thomas, have urged for a reassessment of this ruling. Compounding matters, several states have passed resolutions calling for the Supreme Court to overturn Obergefell, and the Southern Baptist Convention has initiated a campaign aimed at reversing a decade of settled law regarding marriage equality.

"Stare decisis," the principle that legal precedent should carry significant weight, hinges on reliance, according to Kennedy. He cautioned, “There’s been so much reliance on the marriage opinion that if it were to reverse, people who had thought they were living decent, honorable lives could suddenly find themselves adrift again.” Currently, there are approximately 823,000 married same-sex couples in the U.S., with around 591,000 marrying after the Supreme Court's 2015 decision, per the Williams Institute at UCLA Law School. Notably, nearly one in five of these couples are raising children under 18.

Kennedy, a devout Catholic and former altar boy from Sacramento, California, characterized his transformation regarding views on gay and lesbian individuals as a “long” personal evolution, solidified during the 1990s with the rise of same-sex couples adopting children. He remarked, “There were thousands of children adopted by gay parents, and for them to know that their parents were not recognized by society—or, legally could be seen as marginally illegal—could create a profound sadness for hundreds of thousands of children.”

Though he did not know any gay parents at the time, Kennedy began to comprehend the "hurt and anguish" faced by these families who sought to live meaningful lives and contribute to society. His ruling in Obergefell was underpinned by the belief in ensuring "equal dignity in the eyes of the law,” and excerpts from his opinion have since become a cherished addition to many wedding ceremonies. “It seemed to be a good lesson to teach,” he noted. “The law protects all.”

Regarding the current discourse on transgender rights—a pressing issue now before the Court—Kennedy suggested that the principles of equal dignity must extend to all individuals. “I don’t think we can have a peaceful world unless all sides agree to treat each other with dignity, regardless of differing beliefs,” he remarked.

Retired yet still engaged, Kennedy shared his thoughts with ABC News following the launch of his memoir, which candidly reflects on significant moments of his judicial career, covering topics from free speech to abortion rights and the controversial 2000 presidential election.

Kennedy emphasizes that the law, which can reveal deep truths about oneself, transcends rigid conservative or liberal labels. “There wasn’t one philosophy or theory that dominated my thinking,” he stated, acknowledging the complexities of law during his time on the Court.