[BenLurkin]

Very interesting article but I think the author is wrong about the significance of the high court's choice of standard of review in the Lawrence case. Using the rational basis test does not elevate the rights to a higher status than "fundamental" simply because the governmental entity in question failed (in the minds of SCOTUS) to establish a rational basis for its statute.

For this reason he is also probably wrong when he says: "But no fourth option truly presents itself, for there is no form of legal reasoning that can distinguish a “right” to commit homosexual sodomy from a “right” to marry your sister and raise a family." A court may very well find a rational basis for prohibiting incestuous marriage.

[monday]

"For this reason he is also probably wrong when he says: "But no fourth option truly presents itself, for there is no form of legal reasoning that can distinguish a “right” to commit homosexual sodomy from a “right” to marry your sister and raise a family." A court may very well find a rational basis for prohibiting incestuous marriage."

That are complete morons if they can't. see #27