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Noah Feldman

A Gay-Rights Decision for the Ages

Marriage is a fundamental right for all Americans.
Love wins.

Love wins.

Photographer: Drew Angerer/Getty Images

This one is for the ages. Justice Anthony Kennedy's opinion for the U.S. Supreme Court announcing a right to gay marriage in Obergefell v. Hodges will take its place alongside Brown v. Board of Education and Loving v. Virginia in the pantheon of great liberal opinions. The only tragic contrast with those landmarks in the history of equality is that both of those were decided unanimously. Friday's gay-rights opinion went 5-4, with each of the court's conservative justices writing a dissent of his own. Eventually, legal equality for gay people will seem just as automatic and natural as legal equality for blacks. But history will recall that when decided, Obergefell didn't reflect national consensus, much less the consensus of the court itself.

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