Supreme Court Justice Anthony Kennedy Likens Backlash Against Gay Marriage Ruling to 1989 Flag Burning Controversy

Anthony KennedyAnthony Kennedy knows the Supreme Court’s recent decision on same-sex marriage is controversial…all he asks is for your patience and willingness to engage in some critical thinking.

Speaking at the 9th Circuit Judicial Conference this week, Justice Kennedy drew comparison between the public reaction to the marriage ruling last month and the reaction to the high court’s 1989 ruling that said flag burning was protected free speech.

“Eighty senators went to the floor of the Senate [in 1989] to denounce the court,” he explained according to the AP. “President Bush took the week off and visited flag factories, but I noticed that after two or three months people began thinking about the issues.”

“We have to reflect on what these issues mean, and when we have a controversial case — and a very difficult case like (same-sex marriage) — we draw down on a capital of trust, a deposit of trust,” Kennedy continued. “We spend that capital of trust, and we have to rebuild that capital. We have to put new deposits, new substance into this reservoir of trust.”