Justice Kennedy's Jurisprudence of Dignity: From Sovereign Immunity to Gay Rights.

This article examines Justice Anthony Kennedy's jurisprudence of dignity as articulated in Obergefell v. Hodges (2015) and related Supreme Court cases, situating it within the broader historical and legal context of the Court’s use of dignity. It argues that Kennedy’s approach weaves together multiple conceptions of dignity—ranging from dignity as institutional status to dignity as personal autonomy and bodily integrity—to underpin civil rights expansions, particularly for the LGBTQ+ community. The article critiques originalist interpretations exemplified by Dobbs v. Jackson Women’s Health (2022), contending that Kennedy’s dignity-based framework offers a historically grounded and philosophically rich alternative to determining constitutional protections under the Due Process and Equal Protection Clauses. Additionally, it explores tensions in dignity jurisprudence highlighted by cases like Masterpiece Cakeshop v. Colorado, illustrating evolving legal understandings of dignity in conflicts between civil rights and religious freedoms.