http://www.boxturtlebulletin.com/2011/05/18/33034 News, analysis and fact-checking of anti-gay rhetoric Wed, 22 May 2013 23:40:55 +0000 hourly 1 http://wordpress.org/?v=3.4.2 http://www.boxturtlebulletin.com/2011/05/18/33034/comment-page-1#comment-94657 Thomas Kraemer Wed, 18 May 2011 16:16:19 +0000 http://www.boxturtlebulletin.com/?p=33034#comment-94657 I'm not a constitutional law expert, but many legal experts I've heard discuss this case would question your statement, "Baker v. Nelson became established precedent," because they claim it was not a full binding precedent due to the fact it was a one sentence boilerplate ruling (that was commonly used by the court back then in many other cases) and also because of other historical traditions of the court. In my opinion and for all practical purposes, the Baker case is always cited in anti-gay marriage legal cases and so when speaking strictly in plain English, it will remain a precedent until gay marriage equality is achieved across the U.S. I’m not a constitutional law expert, but many legal experts I’ve heard discuss this case would question your statement, “Baker v. Nelson became established precedent,” because they claim it was not a full binding precedent due to the fact it was a one sentence boilerplate ruling (that was commonly used by the court back then in many other cases) and also because of other historical traditions of the court. In my opinion and for all practical purposes, the Baker case is always cited in anti-gay marriage legal cases and so when speaking strictly in plain English, it will remain a precedent until gay marriage equality is achieved across the U.S.

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