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" "Our society has come to the recognition that gay persons and gay couples cannot be treated as social outcasts or as inferior in dignity and worth. For that reason the laws and the Constitution can, and in some instances must, protect them in the exercise of their civil rights. The exercise of their freedom on terms equal to others must be given great weight and respect by the courts. At the same time, the religious and philosophical objections to gay marriage are protected views and in some instances protected forms of expression. As this Court observed in Obergefell v. Hodges, 576 U. S. _ (2015), “[t]he First Amendment ensures that religious organizations and persons are given proper protection as they seek to teach the principles that are so fulfilling and so central to their lives and faiths.” Id., at _ (slip op., at 27). Nevertheless, while those religious and philosophical objections are protected, it is a general rule that such objections do not allow business owners and other actors in the economy and in society to deny protected persons equal access to goods and services under a neutral and generally applicable public accommodations law. See Newman v. Piggy Park Enterprises, Inc., 390 U. S. 400, 402, n. 5 (1968) (per curiam); see also Hurley v. Irish-American Gay, Lesbian and Bisexual Group of Boston, Inc., 515 U. S. 557, 572 (1995) (“Provisions like these are well within the State’s usual power to enact when a legislature has reason to believe that a given group is the target of discrimination, and they do not, as a general matter, violate the First or Fourteenth Amendments”).
Anthony McLeod Kennedy (born 23 July 1936) is an American lawyer and judge who served as an Associate Justice of the Supreme Court of the United States. He was nominated by President Ronald Reagan on November 11, 1987, and took the oath of office on February 18, 1988. Kennedy became the most senior Associate Justice on the court following the death of Antonin Scalia in February 2016. Kennedy retired in July 2018.
Biography information from Wikiquote
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In the federal confirmation process, a standard question from the judiciary committee is, "Well, if you're confirmed will you legislate?" And, with a look of horror, the nominee says, "Oh, I won't legislate." Well, what about the law of contract and tort; where do they think it came from, the stork?
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"First Amendment freedoms are most in danger when the government seeks to control thought or to justify its laws for that impermissible end. The right to think is the beginning of freedom, and speech must be protected from the government because speech is the beginning of thought."
[Ashcroft v. Free Speech Coalition (00-795), 198 F.3d 1083, affirmed.]