Ryan Anderson went on Bill Bennet’s radio program today and said that he believes Kennedy may rule against redefining marriage (listen above). In Anderson’s own words:
I went in thinking that Kennedy might have already made up his mind and Kennedy might be inclined to strike down these laws. I came out thinking Kennedy hasn’t made up his mind. And there’s a good chance that Kennedy’s going to be inclined to uphold the male-female marriage definition.
I would like to let myself believe that Anderson is correct, but I am still very skeptical. Yes, Kennedy asked some tough questions. But Kennedy has written two landmark opinions in favor of gay rights–Lawrence (2003) and Windsor (2013). In the latter case, he specifically attributed opposition to gay marriage to irrational animus. I just don’t see how he walks that back at this point. Even though he asked tough questions in oral arguments, I’m skeptical that he will now overturn his gay rights legacy and nullify precedents that he himself wrote.
Again, I hope I’m wrong about this. Nothing would make me happier than for Anderson to be right!