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Anthony Kennedy was *Almost* Right: Post-Obergefell Thoughts on Where We Go Now

July 17th, 2015 | 9 min read

By Matthew Lee Anderson

Anthony Kennedy was almost right. While his inventive reading of the Constitution in Obergefell vs. Hodges has been widely and panned by both liberals and conservatives, his transcendentalizing of marriage is precisely the kind of understanding to which defenders of traditional marriage can and should offer a hearty and enthusiastic ‘yes.’ When it comes to constitutional reasoning, Obergefell is a disaster. But when it comes to our nation’s culture of marriage, Obergefell provides traditional Christians the best opportunity we have had in fifty years to make a more persuasive case for why marriage still matters.

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“Rising from the most basic human needs, marriage is essential to our most profound hopes and aspirations.”  As Wesley Hill and others pointed out immediately after the ruling came down, such rhetoric makes it seem like those who opt not to marry are somehow missing out on a form of life that is essential to satisfy their needs and deepest desires. Such language doesn’t quite create a ‘dignitary wound’ toward those who are unmarried, since they are not in the precise sense denied marriage. But it certainly extends our current atmosphere where marriage is the only form of deep personal fulfillment we can imagine.

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Matthew Lee Anderson

Matthew Lee Anderson is an Associate Professor of Ethics and Theology in Baylor University's Honors College. He has a D.Phil. in Christian Ethics from Oxford University, and is a Perpetual Member of Biola University's Torrey Honors College. In 2005, he founded Mere Orthodoxy.