Justice Kennedy Was No Moderate
P. Schultz
This is a
good article on Justice Kennedy and his brand of politics. And the analysis
hits the nail on the head, although more should be said.
Kennedy, like some others, operated to maintain the gross
inequalities that exist in US society, which of course are not affected by
decisions allowing gays and lesbians to marry or, within a wide range of
restrictions, allow women to terminate their pregnancies or, as I like to say,
to exercise their right to privacy. In fact, it can be argued that Kennedy’s MO
is pretty much the MO of our political establishment, both those on “the right”
and those on “the left.” Preserve the gross inequalities that characterize US
society and the US political order, even if that means allowing gays and
lesbians to serve in the military [wow! what a boon!] or to get married or to
be engaged in "civil unions.”
As if getting married were such a boon to human beings! Lots and lots of people don’t get married, deliberately. It isn’t the getting married that matters, it’s choice that matters. But choices are limited, severely limited in a society that is characterized by gross inequalities, even if some choices are open to all. This is a pretty simple thought that seems to have escaped notice in our allegedly “divisively divided democracy.” As the opinion that Kennedy was a “moderate” illustrates, our society is not “divisively divided” and it is not “democratic,” as no genuinely democratic people would tolerate the gross inequalities that characterize the U.S.
As if getting married were such a boon to human beings! Lots and lots of people don’t get married, deliberately. It isn’t the getting married that matters, it’s choice that matters. But choices are limited, severely limited in a society that is characterized by gross inequalities, even if some choices are open to all. This is a pretty simple thought that seems to have escaped notice in our allegedly “divisively divided democracy.” As the opinion that Kennedy was a “moderate” illustrates, our society is not “divisively divided” and it is not “democratic,” as no genuinely democratic people would tolerate the gross inequalities that characterize the U.S.
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