The pending arguments over the Defense of Marriage Act and Proposition 8 in the Supreme Court once again thrust the views of Justice Anthony Kennedy into the spotlight while revealing sharp distinctions with his fellow conservative, Justice Antonin Scalia.
This past Friday, the high court announced it would hear a challenge to the Defense of Marriage Act from New York and the challenge to the California marriage ban. Oral arguments are expected in March, with a decision to be issued before the court ends its session in June.
Kennedy, a libertarian conservative, and Scalia, a social conservative, will likely be on opposite sides of the issue, the Los Angeles Times reports. Whereas Scalia, the more senior of the two, believes the law can enforce moral standards, Kennedy believes the Constitution protects the freedom of individuals where personal relationships are concerned.
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