ByKelsey Dallas@kelsey_dallas
Published: June 30, 2018 8:00 am

Charles Dharapak, AP
Supreme Court Justice Anthony Kennedy arrives for a roundtable discussion titled "Making Law Work for Everyone", Friday, June 13, 2008, at the Organization of American (OAS) in Washington. In writing for the court majority on the Supreme Court's decision on Guantanamo Bay on Thursday, Kennedy acknowledged the terrorism threat the country faces and the administration's justification for the detentions, but he declared, "The laws and Constitution are designed to survive, and remain in force, in extraordinary times." (AP Photo/Charles Dharapak)
SALT LAKE CITY — Justice Anthony Kennedy spent three decades on the Supreme Court, playing a pivotal role in rulings that expanded LGBT rights, protected religion in the public square and ensured access to abortions.
But when it comes to his religious freedom legacy, he may be remembered most for the questions he never answered, according to legal experts.
In his opinions legalizing same-sex marriage and condemning anti-religion bias, Kennedy advocated for tolerating religious beliefs. However, his rulings rarely gave a clear picture of how to legislate tolerance through state and federal policies, said Thomas Berg, a professor of law and public policy at the University of St. Thomas.
Kennedy's rulings "are partly responsible for religious freedom being such a political hot potato," he said.
By retiring this year, Kennedy creates the possibility for a justice to join the Supreme Court who may be more willing to directly address public policy but less willing to work with liberal colleagues. Kennedy may come to regret not taking stronger positions when he had the chance, said Fred Gedicks, a law professor at Brigham Young University.
"It's almost as if he lost the courage of his convictions in the last few years," he said.
Matt Slocum, APFILE - In this Oct. 3, 2013, file photo, Supreme Court Justice Anthony Kennedy speaks to faculty members at the University of Pennsylvania law school in Philadelphia. The 81-year-old Kennedy said Tuesday, June 27, 2018, that he is retiring after more than 30 years on the court.(AP Photo/Matt Slocum, File)
Hot-button issues
Kennedy was then-President Ronald Reagan's third choice for the Supreme Court when he was nominated in 1987. A Democrat-led Senate had rejected the Republican president's first choice, and the second nominee withdrew from the process after previous marijuana use came to light.




