In this day and age, it seems that it is always a “faithful catholic politician,” perhaps an obvious oxymoron, that is at the heart of un-American decisions. Note former House Speaker Nancy Pelosi and VP Joe Biden as prime examples of those faithful catholic politicians who had the audacity to receive Holy Communion at the installation of Pope Francis, receiving Communion that is forbidden for public figures who are publicly in direct conflict with carved-in-stone church teaching.

Supreme Court (SCOTUS) Justices will hear oral arguments over whether California’s voter-approved Proposition 8 ban on gay marriage violates constitutional rights of gays. SCOTUS also must resolve the legality of the 1996 Defense of Marriage Act (DOMA), which holds that only marriages between people of the opposite sex are valid.

Justice Anthony Kennedy is considered to be a devout catholic and is the key vote to break the expected 4-4 tie. Based on past decisions, Kennedy, against his religious principles, is expected to decide in favor of gay marriage.

In the past, Kennedy ruled with the liberal wing of the court, affirming the decision of Roe v. Wade that women have a right to abortions in 1992. Kennedy also affirmed gay rights with his decisions in reference to Lawrence v. Texas in 2003 and Romer v. Evans in 1996 – a Colorado constitutional amendment that barred local governments from passing laws that prevented discriminating against gays.

Political experts expect Kennedy to maintain his gay rights legacy and continue his break from conservative colleagues that expanded rights for gays in the above two decisions, inferring that he will be reluctant to rule against same-sex marriage in the current session.

SCOTUS watchers doubt Kennedy would strike down all 41 State laws banning gay marriage. Kennedy could strike down California’s Proposition 8 in a way that would affect only California, or affect only a few States. That would enable gay marriage proponents to try to pass gay marriage laws state by state.

Justice Antonin Scalia warned that logic behind Kennedy’s decision opened the door to strike down laws against same-sex marriage, since Kennedy ruled that moral disapproval by itself is not a legitimate reason for government to outlaw behavior.

Decisions suggest that Kennedy is hostile to laws that single out gay people as a group based on a moral dislike of them. In past decisions, Kennedy placed importance on public opinion and international law, which sets him apart from his colleagues. Kennedy relied on decisions of other countries to repeal sodomy laws.

Public opinion shows a majority of Americans including catholics overwhelmingly support same-sex marriage, particularly 80% of young people under 30. Kennedy, more than other justices, may be swayed by public opinion. How does that comport with Catholic Christian doctrine and define Justice Kennedy as a “Faithful Catholic?”