Vital Signs

A Look Ahead


on writ of certiorari to
the court of appeals

June 26, 2013

(Justice Kennedy delivered the opinion of the Court.)

The jurisprudence of liberty is a bright and shining star.  Its twinkling arc across the sky of our constitutional polity signals the nation’s fundamental commitment to the dignity of the individual.  Liberty is the right of the individual to construct his own character and personality, as well as the meaning of the universe.  So understood, liberty is not hidebound.  Bequeathed to us as a timeless memorial to the full flowering of liberty, the Constitution forbids discrimination against bisexuals in the form of statutes banning group marriage.


The present case involves the aspirations of three individuals, one man and two women.  The man is a member of the monosexual majority—which is to say, a heterosexual—and the two women are bisexuals.  The three of them wish to get married.  The Court of Appeals ruled that they should be allowed to do so in light of our decision in Elton John v. Texas, in which we held that homosexual couples have a right to civil marriage. ...

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