A Man of Genius Makes No Mistakes: Judicial Civility and the Ethics of the Opinion
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A Man of Genius Makes No Mistakes: Judicial
Civility and the Ethics of the Opinion
THOMAS PRZYBYLOWSKI*
INTRODUCTION
June 26, 2015 marks one of the most important milestones in the development
of American civil liberties. On this date, the Supreme Court released its decision
in Obergefell v. Hodges,1 and held in a 5-4 vote that the right to same-sex
marriage is guaranteed by the Constitution.2 The ruling, authored by Justice
Anthony Kennedy, follows a spirited history of litigation and social activism.3
Indeed, media outlets throughout the country documented the case as a decision
for the ages, and one which will likely go down in history as one of the Court's
great landmark rulings.4 Millions of Americans have responded in kind, uniting
in celebrations ranging from public rallies5 to the creation of commemorative
Facebook filters.6 Overall, supporters of the decision have praised the majority
opinion for its emphasis of LGBTQ equality, its consideration of the fundamen-
tal principles of American constitutional democracy,7 and its condemnation of
prejudice in the modern age.8
Amidst this national attention, however, one element of the case has produced
a much more negative response. This element concerns the dissenting opinions of
Chief Justice John Roberts and the late Justice Antonin Scalia, which have been
* J.D., Georgetown University Law Center (expected May 2017); B.A., Lafayette College (2014). © 2016,
Thomas Przybylowski.
1. Obergefell v. Hodges, 125 S. Ct. 2584 (2015).
2. Adam Liptak, Supreme Court Ruling Makes Same-Sex Marriage a Right Nationwide, N.Y. TIMES (June
26, 2015), http://www.nytimes.com/2015/06/27/us/supreme-court-same-sex-marriage.html [https://perma.cc/
Z8RG-EW28].
3. Id.
4. John Lewis & Stuart Gaffney, A Decision for the Ages, HUFFINGTON POST (July 5, 2015, 6:23 PM),
http://www.huffingtonpost.com/john-lewis/a-decision-for-the-ages-b_7731226.html [https://perma.cc/9QD5-8
DEF]; see also Liptak, supra note 2; Nan D. Hunter, The Undetermined Legacy of 'Obergefell v. Hodges', TIHE
NATION (June 29, 2015), http://www.thenation.com/article/the-undetermined-legacy-of-obergefell-v-hodges/
[https://perma.cc/N8LX-A42G].
5. See Alex Dickinson, Here's How America Celebrated the Supreme Court Gay Marriage Decision,
BLOOMBERG (June 26, 2015), http://www.bloomberg.com/news/photo-essays/2015-06-26/here-s-how-america-
celebrated- the- supreme-court-gay-marriage-decision [https://perma.cc/346B-6F5D].
6. See Amit Chowdhry, Facebook Launches 'Celebrate Pride' Tool Which Puts a Rainbow Filter over
Profile Pictures, FORBES (June 27, 2015, 2:32 AM), http://www.forbes.com/sites/amitchowdhry/2015/06/27/
facebook-celebrate-pride! [https://perma.cc/F7QH-BZKY].
7. Lewis & Gaffney, supra note 4.
8. See id.
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A Man of Genius Makes No Mistakes: Judicial Civility and the Ethics of the Opinion
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