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Down at the Tavern—Debating Liberty, Equality, and Same-Sex Marriage
An ingeniously arranged Federalist Society Same-Sex Debate between Dale Carpenter and Doug Kmiec becomes a robust occasion for re-examing the liberty-equality debate among Heather Gerken-Kenji Yoshino and Larry Tribe. Pull up a stool and weigh in . . . .
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Rick Hills on Slippery Slopes
Rick Hills has a series of excellent posts on slippery slopes (see here , here , and here ). He argues that slippery slope arguments should be regarded with suspicion, and he singles out the refrain from opponents of gay marriage: If you permit gay marriage,
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Throwing Out the Baby With the Diaper: A Response to Eric Posner on the Importance of Marriage
When the California Supreme Court included same-sex couples within the "fundamental right" of marriage, it was declaring the "social goods" of marriage to be too important to be kept from individuals on the basis of their sexual orientation. The ruling must not be interpreted as saying marriage -- and the marital family -- is unimportant.
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Katherine Kmiec's Bright Idea—Subsidize Families With Children
Now that the California Supreme Court has eliminated distinctions drawn on sexual orientation, is it time to recognize an even more important distinction between marriages -- those that devote themselves to having and raising children and those that don't?
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Abortion and Same-Sex Marriage As None of the Government's Business
Contemplating abortion and same-sex marriage as beyond all governmental power to either approve or disapprove. Might government silence over topics where the culture is deeply divided be part of Senator Obama's national reconciliation effort?
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Yes, Marty ...
... there is a Republican core to yesterday's California marriage decision . Not only were three of the four justices in the majority Republican appointees, but they were appointed by either George Deukmejian or Pete Wilson, GOP governors not known for
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In Re: California Marriage Cases—Something Old, Something New, Something Borrowed, Something Blue
The California same-sex marriage decision is unquestionably a landmark. The question is: Will this extensive opinion affirming same-sex marriage be an opening to new found respect and accommodation or acrimony and division? There is much to applaud, much to study, and a great deal of reassurance still needed on both sides.
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Breaking News From California
The California Supreme Court has just announced its decision in the gay-marriage cases, finding that the state marriage laws that "exclude same-sex couples from access to the designation of marriage" are unconstitutional. Opinion is here .
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Anticipating Today's Same-Sex Marriage Decision in California
At 10:00 today Pacific time (that's 1:00 Eastern), the California Supreme Court will issue its long-awaited same-sex-marriage decision. (Briefs and oral argument here .) The question presented is this: Does California's statutory ban on marriage between
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