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Friday, May 23, 2008

CA Same-Sex Marriage & the Ripple Effect

posted by on May 23 at 11:26 AM

If you’re interested in the legal implications of the California marriage decision—like, will other states follow California’s lead?—then I highly, highly recommend this series of Volokh Conspiracy posts (by University of Minnesota Law School prof Dale Carpenter). It’s dense reading, but not inaccessible to the lay person.

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I wish I could be a laid person!

Posted by TheTruthHurts | May 23, 2008 11:53 AM

I wish I could be a "laid person"!

oh wait.

never mind.

Posted by TheTruthHurts | May 23, 2008 11:54 AM

Anyone read the comments of that link? Crazy conservative. What always get me about the "judicial elite pushing their opinions on the citizens who disagree and voted against it" argument is that the majority will never voluntarily choose to protect the minority, if there is any chance whatsoever, even imagined, that the majority could be negatively effected. That is why we have more than just one branch of government.

Posted by devochka | May 23, 2008 12:29 PM

shit, affected*

Posted by devochka | May 23, 2008 12:31 PM

Two questions have been bothering me for some time, and Id really like answers. Any legal eagle sloggers like to tackle these?

1) Why is it that oppenents of same sex marriage are never asked to demonstrate that their claims are true, or rather that they have legal validity? (i.e. That marriage for gay men and lesbians victimizes and harms heterosexuals. Really? How?)

2) Can a constitutional amendment itself be unconstitutional? What if voters approved a constitutional ban on inter-racial marriage?

Posted by Original Andrew | May 23, 2008 12:39 PM

I think there will be an increase in constitutional amendments in states that have already enacted legislation banning gay marriage. These will probably pass in states that have large populations of conservatives, which will tie the hands of courts making rulings similar to California's.

Posted by inkweary | May 23, 2008 1:19 PM

@ 6,

We can't condemn progress for equality based on what our enemies might do. All they've got to cling to are their guns, bitterness and hatred, and karma is smackin' 'em down hard.

Will the last people to leave Michigan and Ohio please turn out the lights?

Posted by Original Andrew | May 23, 2008 1:45 PM

A recent poll indicates a majority of Cal. voters favor a constitutional ban.

Posted by Vince | May 24, 2008 6:34 AM

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