The Compassion and Humanity of Judge Jones (PA Gay marriage decision - extended excerpt)

[Divernan]

5. Great interpretation of due process & application of heightened scrutiny

In my view (as a licensed attorney in Pennsylvania), the most legally significant aspects of Judge John Jones’ opinion striking down Pennsylvania's ban on same-sex marriage are:

(1) his clear endorsement of the principle that rights protected under the due process clause of the 14th amendment can evolve and expand, and

(2) his conclusion that classifications based on sexual orientation are 'quasi-suspect' and therefore deserve 'heightened scrutiny' by federal judges.

These two arguments are the crux of Jones’ decision, but using the language of the standard marriage vow to structure his description of the plaintiffs was a rhetorical tour de force.

in 2005, his ruling on the landmark Kitzmiller v. Dover School District case held that teaching intelligent design within a public-school science curriculum was unconstitutional.

Jones and the Kitzmiller case were featured in the 2007 Nova special "Judgment Day: Intelligent Design on Trial," televised nationally by PBS. In 2006, he was highlighted in Time magazine as one of "the 100 men and women whose power, talent or moral example is transforming our world." Jones also has appeared as a guest on national television programs such as the Today show, PBS NewsHour and C-SPAN's America & The Courts.