SCOTUS and the Rest of Us

As Americans waited for the Supreme Court’s decision on same-sex marriage, most who knew and watched the court anticipated that the final outcome would rest with Justice Anthony Kennedy. During oral arguments, he had posed some challenging questions to Mary Bonauto (attorney for the plaintiffs seeking marriage equality), revealing that he might still be wrestling with the issue. In the end, the majority opinion he wrote included a thorough survey of precedent, analysis, and history in arguing that, just as the institution of marriage had evolved to assure greater equity and individual choice, so it must do so again with regard to same-sex couples.

Antonin Scalia, on the other hand, wrote the most scathing dissent of the four submitted, garnering about as much attention and commentary as the majority view itself. Not only did he dismiss the careful analysis that Kennedy presented, his tone was more scolding than scholarly. Perennial court watchers mused that, had a liberal like Ruth Bader Ginsberg written the opinion, this would not have been the case – but to have a supposed conservative like Kennedy break ranks was too much for him to take. And while Roberts and Alito raised the question of whether the court was moving too far too fast, Scalia seemed to be saying that the court had no purview at all to decide such a matter. To him, the issue is settled, and how dare anyone disagree.

It has often been said that the Supreme Court frequently reflects the larger society. The difference between Kennedy and Scalia – not only in their opinions on this issue, but the approach and attitude of each – likewise reflect the divisions we see in America today. Some people will summon the ability to question, reflect and come to a new understanding; others hang on desperately to the comfortable and familiar, regardless of the consequences.

Yet even we Unitarian Universalists are not immune to such foibles. How often do we resist change or cling to tradition within our congregations, then wonder why our membership numbers stagnate or shrink? How many causes have we embraced as soon as our leaders call for it, yet balk at reasoned appeals for similar issues? How many times do we denounce the zealotry of the Christian Right, only to mirror their militancy when committing to our own "just causes"?

When I studied philosophy in college, a professor once told us: "Epistemology precedes everything, because when we assert our certainty or doubts about anything, we must ultimately ask and answer the question: 'How do we know?'" For this reason, I've come to believe that our fourth principle – the free and responsible search for truth and meaning – is the linchpin upon which the rest are held. Our search must be free from the shackles of dogma and bias, yet responsible in avoiding the pitfalls of fallacy and hypocrisy. Yes, when pursuing justice, we need the fire of passion – but tempered so that we don't find ourselves consumed as our own burnt offering.

Anthony Kennedy is to be lifted up, but not merely because he agreed with us on marriage equality. It is the manner in which he came to that position, and the reasoned eloquence with which he put that position forward. As we move forward, both in engaging the world and searching our own souls, may we follow his example.