Hello everyone and Congratulations to all of us for a better government but especially for our LBGTQ friends for the Court recognizing the "dignity" of your relationships.
I want to talk about an aspect of the Court's opinion that I think will have wide-ranging implications in terms of jurisprudence on same-sex issues and beyond.
There have been a lot of diaries, articles, pictures and posts both on and off Daily Kos celebrating what the Court has decided on last Friday. These posts have brought us the happy moment when couples, some after decades of waiting, have been able to celebrate their marriage, while others have shown the celebrations of people in general. Finally, other posts have looked at the language of the Court's opinion to acknowledge how sweeping the declaration of the liberty interest in Kennedy's decision was.
This post does not try to replicate or recreate any of the previous articles on Daily Kos or elsewhere. While many non-lawyers or people who are not legal afficiandos will find this post to be superfluous, I think that it hits on an extremely important issue for the LBGTQ community and its legal claims going forward. The goal of this post is to acknowledge something that is not explicit but clearly is implied in the Kennedy opinion in Obergefell: the Supreme Court made LBGTQ a protected class requiring the highest scrutiny.
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