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To: Alter Kaker

Unfortunately, the way the USSC decided last year, this wave of decisions was inevitable. We can blame Bush for this particular judge, but we can blame Anthony Kennedy for voting with the leftists and writing a completely terrible decision.


24 posted on 07/28/2014 11:55:54 AM PDT by ilgipper
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To: ilgipper
we can blame Anthony Kennedy for voting with the leftists and writing a completely terrible decision.

We can also blame Scalia for writing a dissent that made this inevitable. In Windsor, he argued that

"By formally declaring anyone opposed to same-sex marriage an enemy of human decency, the majority arms well every challenger to a state law restricting marriage to its traditional definition,".... Henceforth those challengers will lead with this Court's declaration that there is "no legitimate purpose" served by such a law, and will claim that the traditional definition has 'the purpose and effect to disparage and to injure" the "personhood and dignity" of same-sex couples.... The majority's limiting assurance will be meaningless in the face of language like that, as the majority well knows."

Practically every judge who has struck down SSM bans since Windsor has cited Scalia -- who made their argument for them.

25 posted on 07/28/2014 12:00:28 PM PDT by Alter Kaker (Gravitation is a theory, not a fact. It should be approached with an open mind...)
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