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Backlash: Still Substantive, Not Procedural


Remember all the assertions that same-sex marriage would be easily preserved as long as the rights were declared by legislatures rather than courts? Well, there was never any actual evidence for the theory, and New Hampshire provides us with yet another dis-confirming data point.

To state the obvious, opponents of same-sex marriage are outraged by decisions like Goodridge because they oppose same-sex marriage, not because they have some a priori commitment to Bradley Thayer‘s theory of judicial review.

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