Two years after the SCOTUS found the Constitution confers a right to same-sex marriage, Chief Justice John Roberts worked privately with Justice Anthony Kennedy to steer the outcome in subsequent decisions pertaining to gay rights disputes.
Kennedy was the author of the landmark opinion in Obergefell v. Hodges, the 2015 case that saw a narrow 5-4 ruling requiring states to perform and recognize marriages of same-sex couples. Roberts issued a stern dissent that voiced disagreement not over the question changing the institution of marriage, but rather, in favor of deferring the question to state legislatures, saying it was"stealing" the issue from the people.
In the 2017 case Pavan v. Smith, Roberts joined Kennedy's ruling that blocked Arkansas from preventing a pair of lesbians from being named on their baby's birth certificate. The pair of Republican-appointed justices were joined by the high court's four liberals at the time, Justices Elena Kagan, Sonia Sotomayor, Ruth Bader Ginsburg, and Stephen Breyer.
Kennedy was hesitant to take up baker Jack Phillips's case so soon after Obergefell and opted for a narrow ruling for Phillips, holding in the 7-2 decision in 2018 that the Colorado Civil Rights Commission held an impermissible hostility toward the baker without going further into resolving First Amendment rights to discriminate against LGBT customers.
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