Kennedy, who for all intents and purposes is a tolerance hero for his tie-breaking decisions recognizing gay rights (striking down anti-sodomy laws in Lawrence v. Texas, invalidating the Defense of Marriage Act in United States v. Windsor, striking down laws banning same-sex marriage in Obergefell v. Hodges) never went the last yard to give the LGBTQ community protected class status. He thus never fully protected the community within the equal protection clause.