Justice Anthony Kennedy, writing for the majority in the Marriage case last June (U.S. v. Windsor), which declared the federal Defense of Marriage Act (known as DOMA) unconstitutional, based the decision on what he claimed was in the minds of those who oppose same-sex marriage: their bigotry, their so-called "animus" against gays. Kennedy effectively branded those who oppose same-sex marriage as a hate group. Justice Antonin Scalia, joined in his dissent by Justice Clarence Thomas, made clear that the Supreme Court had "no power to decide this case." Scalia wrote that "this case is about the power of our people to govern themselves," and the Court's errors come from "the same diseased root: an exalted conception of the role of this institution in America."
Justice Scalia wrote that Kennedy's marriage decision was a "jaw-dropping ... assertion of judicial supremacy over the people's Representatives in Congress and the Executive.
Since the Court couldn't show any authority for deciding this case, Justice Kennedy launched a torrent of accusations and insults on the American people. He wrote that the congressional authors of DOMA were motivated by a "bare ... desire to harm a politically unpopular group," and "only those with hateful hearts could have voted 'aye' on this Act." According to Kennedy, the supporters of DOMA "acted with malice -- with the purpose to disparage and to injure" same-sex couples, "to impose ... a stigma," to deny people "equal dignity," to brand gay people as "unworthy," and even to "humiliate" their children. It is wrong, unprecedented, and insulting to the American people to accuse those who defend traditional marriage as being motivated by such hate.
Listen to the radio commentary here: