More Reflections on Gay Marriage as a Possible Constitutional Right

1. My first two posts on same-sex marriage (12-10 and 12-18-2012)[i] were intended to  show that for the time being it is very unlikely that the Supreme Court will hold that there is some broad fundamental liberty-right to marry; i.e., one which includes as a component the right to marry a person of either gender, and as such is embodied by the due process clauses of the Fifth and Fourteenth Amendments.[ii]  My reason for this conclusion is that the hypothetical fundamental liberty-right in qu … [Read more...]

Hillarious Summary of the Argument from Shotgun Weddings Against Same-Sex Marriage

Over at Preliator pro Causa, Joe McKen presents a hillarious summary of what has to be one of the absolute worst arguments ever made against same-sex marriage.Marriage should be limited to unions of a man and a woman because they alone can "produce unplanned and unintended offspring," opponents of gay marriage have told the Supreme Court.By contrast, when same-sex couples decide to have children, "substantial advance planning is required," said Paul D. Clement, a lawyer for House … [Read more...]


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