Today, the Supreme Court issued an historic 5-4 ruling in Obergefell v. Hodges in favor of marriage equality. Justice Anthony Kennedy’s majority opinion strongly advocated for expanding freedom as the need arises.
The nature of injustice is that we may not always see it in our own times. The generations that wrote and ratified the Bill of Rights and the Fourteenth Amendment did not presume to know the extent of freedom in all of its dimensions, and so they entrusted to future generations a charter protecting the right of all persons to enjoy liberty as we learn its meaning. When new insight reveals discord between the Constitution’s central protections and a received legal stricture, a claim to liberty must be addressed.