It seems surreal a single unelected lifetime judge could decide that the nation’s supreme law requires its unwilling states to derail human history’s central social institution.  The bad news is that’s likely to happen this month.  The good news is that unwilling states can sidestep it. The lifetime judge is Supreme Court justice Anthony M. Kennedy.  The supreme law is the U.S. Constitution.  The unwilling states are Kentucky, Michigan, Ohio, and Tennessee.  The social institution is heterosexual marriage.  The case is Obergefell v. Hodges.  The issue is whether the U.S. Constitution compels unwilling states to license homosexual marriages.  And Justice Kennedy – the balance of power between the Court’s four conservative and four liberal judges – will swing that issue’s decision one way or the other. Of course, the U.S. Constitution doesn’t even mention marriage.  It does, however,...(Read Full Article)