Slog - Comments on As Promised... http://slog.thestranger.com/2006/10/as_promised ... a very smart discussion of the NJ gay marriage decision from Dale Carpenter. Some money quotes: New Jersey does not follow what the court calls the "rigid” three-tiered scrutiny of the federal equal protection cases: "strict scrutiny” for race classifications, "intermediate” scrutiny for sex/gender classifications, and "rational basis” for almost every other kind of classification. [ . . . ] Instead, the state courts have adopted a "flexible” test that calls for distinctions between "similarly situated people” to be justified by "a substantial relationship to a legitimate governmental purpose.” [ . . . ] This discussion of a gap... Copyright 2008 Thu, 26 Oct 2006 18:24:41 -0800 Fri, 27 Oct 2006 11:27:41 -0800 http://www.movabletype.org/?v=3.34 http://blogs.law.harvard.edu/tech/rss Comment by him The Washington Supreme Court shouldn't have even been addressing rational basis. Justice Madsen's contorted logic put gay couples in the "not discriminated against" camp (ie, Murray's gay civil rights bill + gay elected officials mean that gays arene't discriminated against. Hmm, I guess that means blacks aren't discriminated gainst now, eh?). The Court should've used a higher standard. But I don't think our Court could say "hey Legislature, do something within 180 days." It's either constitutional or it's not.

]]> him http://slog.thestranger.com/2006/10/as_promised#c482274 http://slog.thestranger.com/2006/10/as_promised#c482274 Homo Thu, 26 Oct 2006 20:16:17 -0800 Comment by Jack mr carpender is a gay libertarian republican type - has been tryinfg to crash gay issues for years

funny you people are citing him as an expert - he hates gay progressive stuff with a passion, much more than he dislikes homophobia

]]> Jack http://slog.thestranger.com/2006/10/as_promised#c482285 http://slog.thestranger.com/2006/10/as_promised#c482285 Homo Thu, 26 Oct 2006 21:10:38 -0800 Comment by annie Actually, Carpenter on the record supporting gay marriage; he just prefers that it be instituted through the legislature. (An incremental approach was the most popular option in the gay community until about five years ago, if you'll recall.) He's probably libertarian, possibly Republican, perhaps gay—but he's also wicked smart.

]]> annie http://slog.thestranger.com/2006/10/as_promised#c482453 http://slog.thestranger.com/2006/10/as_promised#c482453 Homo Fri, 27 Oct 2006 11:27:41 -0800