And Perry on Same-Sex Marriage and the Constitution

Michael Perry also has an interesting article over at Commonweal, "Right Decision, Wrong Reason," primarily about Justice Kennedy's opinion for the majority of the Court in Windsor and the grounds on which the majority based its legal conclusion. Michael is critical of the latter but supportive of the decision itself. Check it out as well. A bit:

In my judgment, the Court made the right decision in Windsor, but the majority was much less clear than it should have been about why DOMA’s exclusion of same-sex marriages was unconstitutional. Kennedy’s opinion for the majority should not have put any weight on the alleged “animus” of those opposed to same-sex marriage ....

Kennedy should have avoided casting such stones, for there were ample grounds for his judgment in the protection the Constitution affords to the individual’s right to religious and moral freedom.