Courts & Law
By Robert Barnes April 26 at 5:25 PM
@scotusreporter

Justices Anthony M. Kennedy and Antonin Scalia were born in the same year, chosen by the same president, live on the same Northern Virginia street and, in serving together on the Supreme Court longer than any other current pair of justices, have many times voted the same conservative way.

But one issue — how the Constitution protects gay citizens — divides and defines the two like no other. This week’s historic hearing on same-sex marriage is both the logical extension and ultimate showdown in a decades-long argument that so far Kennedy has always won.

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Each of Kennedy’s bold and lyrical rulings on behalf of gays — “times can blind us to certain truths and later generations can see that laws once thought necessary and proper in fact serve only to oppress,” he wrote in Lawrence v. Texas — has been just as reliably followed by a meticulous and fiery denunciation from Scalia.

“The court has taken sides in the culture war, departing from its role of assuring, as neutral observer, that the democratic rules of engagement are observed,” Scalia answered in the Lawrence case.