Who's the judge? It's Kennedy.
Last month, he defended voters' ability to decide sensitive issues - in a ruling that upheld Michigan's ban on taking race into account in college admissions.
At least five states have invoked Kennedy's opinion in the Michigan case to argue that voters and elected officials, not judges, should choose whether same-sex couples can be married or have their marriages recognized within their borders.
But fighting Kennedy with Kennedy may be an uphill battle.
He's written the high court's three strongly pro-gay rights decisions in the past 18 years.
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