At the same time — compressed time, presumably — he said that, in a "functioning democracy," courts should not be "resolv[ing] the most serious issues of the day."
"I just don’t think that a democracy is responsible if it doesn’t have a political, rational, respectful, decent discourse so it can solve these problems before they come to the court."Attitudes are changing rapidly, and in a democracy, serious issues should be resolved outside of the courts. And yet he wrote the decision that struck down part of the Defense of Marriage Act.
Why not wait for the democratic process to play out?
Maybe — in the mind of Anthony Kennedy — they did wait. DOMA was passed in 1996. They waited 17 years.
In compressed time, that's what? Half a century?