2 responses

  1. Bose in St. Peter MN
    June 25, 2014

    Sweet. Chief Judge Young’s take-down of the 1972 Baker dismissal by the Supremes took a path I don’t recall seeing in other rulings.

    Yeah, he got to recent doctrinal changes via Romer, Lawrence and Windsor. But first, he reviewed the status of 14th amendment cases at SCOTUS in the early 70s and after.

    “The Supreme Court decided Baker at a different time in the country’s equal
    protection jurisprudence.

    His examples: (1) 1971: The first decision striking down gender-based discrimination laws. (2) 1976: Upheld “legislation that the conduct is likely to end in a contribution to moral delinquency” (3) 1985: Hardwick ruled that “states were permitted to criminalize private, consensual sex between adults of the same-sex.”

  2. Timothy (TRiG)
    June 25, 2014

    I like Fred Clark’s headline: Heterosexual marriage still unthreatened in all 50 states.

    And this from Mordicai in the comments:

    No-fault divorce laws did not mandate that Catholic priests had to start sanctifying remarriages. The repeal of Prohibition did not mean that Southern Baptists had to start drinking. Marriage equality does not ask or require anything of Catholics and Southern Baptists either. Their insistence on pretending that somehow it does is, at a very basic level, just weird.

    It’s not “weird.” It’s not even “dumb.” What it is is “lying.”

    TRiG.

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