Justice Kennedy acknowledges implicit bias

In his opinion on the Texas Department of Housing and Community Affairs vs. Inclusive Communities Project — which interpreted “disparate impact” (i.e., discrimination without intent) as a legitimate cause of discrimination — Justice Anthony Kennedy writes, “recognition of disparate-impact liability under the FHA also plays a role in uncovering discriminatory intent: It permits plaintiffs to counteract the unconscious prejudices and disguised animus that escape easy classification as disparate treatment.”  It’s terrific to see the Supreme Court seeming to recognizing implicit bias as contributing to discrimination.  Also, as this Slate article points out, it also raises interesting questions about moral responsibility and implicit bias.

Same-Sex Marriage Is a Right, Supreme Court Rules, 5-4

No comment needed.

My imagination utterly failed me on this one, but I wish I had had Frank Bruni’s thoughts:

…that’s because the Supreme Court’s decision wasn’t simply about weddings. It was about worth. From the highest of this nation’s perches, in the most authoritative of this nation’s voices, a majority of justices told a minority of Americans that they’re normal and that they belong — fully, joyously and with cake..