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« Philosophy and Faith (Joe) | Main | Sunday Miscellany (Sujatha) »

August 04, 2010


This is a good beginning. Don't know how it will be resolved ultimately. We will see. According to Dahlia Lithwick, Judge Walker wrote his 138 page ruling as a "love letter" to Justice Kennedy, knowing full well that his will be the deciding opinion if this reaches the Supreme Court and by all indications, it probably will. I wonder if the Ninth Circuit too rules in favor of overturning Prop 8, whether the SC may just decide not to take it up?
As for whether this will result in a spike in violence and nastiness against homosexuals, it very well may. We will have to wait and see.

I'm no lawyer, but I suspect that the Republicans on the Supreme Court are licking their chops at the opportunity to overrule this.

And as for your "backlash" point: I think there will be, but that has been the case since the 2004 MA gay marriage case. But it's amazing how quickly the idea of same-sex marriage has been mainstreamed too. The activist push to legalize it forced previously apathetic folks to say, "hey, there's really no rational objection to gay marriage." So from a legal or strategic point, I don't think you can live in fear of blowback. Try to do the right thing, and hope things will sort themselves out over time.

The backlash, by the way, can appear from several directions. When Mayor Newsom ordered his office to begin marrying same-sex couples in San Francisco in 2004, I was taking a seminar on law and sexuality. One of the students, a really smart, really cool fellow active in the politics of gender and sex, and who also happened to be openly gay, woefully lamented the development. It irked his Foucauldian sensibilities. The taint of official sanction (and thus control) was to his mind far worse than the ordinary bigotry of the masses, which would never be regulated, anyway.

Isn't Loving the obvious analogy, not Roe? Loving was unpopular in the polls for a fairly long time too, but there was always a clear trend in favor. There isn't a clear trend on Roe, or to the extent that there is, it's anti-Roe.

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