Changes

While working largely within the framework of due process, Kennedy made overtures to the doctrine of the equal protection clause, suggesting that he imagines conduct (protected by the due process clause) and status (protected by the equal protection clause) in very close harmony with each other in the case of sexuality.  If Kennedy imagines conduct and status as similar, and legally almost indistinguishable, he is arguably advancing the legal status of homosexuals even more than the opinion suggests ''prima facie''.  Indeed, the doctrinal dovetailing can be seen as reminiscent of the watershed case ''[[Loving v. Virginia]]'', which blended due process and equal protection doctrines as allies against racism.<ref>Pamela S. Karlan, ''Loving Lawrence,'' preliminary draft.</ref>

While working largely within the framework of due process, Kennedy made overtures to the doctrine of the equal protection clause, suggesting that he imagines conduct (protected by the due process clause) and status (protected by the equal protection clause) in very close harmony with each other in the case of sexuality.  If Kennedy imagines conduct and status as similar, and legally almost indistinguishable, he is arguably advancing the legal status of homosexuals even more than the opinion suggests ''prima facie''.  Indeed, the doctrinal dovetailing can be seen as reminiscent of the watershed case ''[[Loving v. Virginia]]'', which blended due process and equal protection doctrines as allies against racism.<ref>Pamela S. Karlan, ''Loving Lawrence,'' preliminary draft.</ref>

This large victory for [[gay rights]], though, is tempered by the fact that Kennedy explicitly rejects the idea that the holding of the case, or its implications, could be used as a foundation for building a case for [[gay marriage]].

This large victory for [[gay rights]], though, is tempered by the fact that Kennedy explicitly rejects the idea that the holding of the case, or its implications, could be used as a foundation for building a case for [[gay marriage]].<ref>Specifically, Kennedy states that the state may still classify on the basis of morality to regulate "an institution that the law protects."  This is commonly understood to mean one thing - marriage.</ref>

In reaching his opinion, Kennedy noted favorably the international trend in support of gay rights.

In reaching his opinion, Kennedy noted favorably the international trend in support of gay rights.