An outraged California populace has reacted to the Outrageous Judicial Activism of their unaccountable unelected state court. As you remember, the court, with only the support of other unrepresentative and undemocratic institutions such as the state legislature and governor but in the teeth of strong opposition from pundits who support social change in theory and […]
Tag: gay and lesbian rights
Glenn Greenwald makes the obvious point about Ben Wittes’ critique of the California gay marriage decision: for all intents and purposes, there’s no argument in it. The shallow, bumper-sti
In response to Eugene Volokh, I should say that I’m perhaps making a slightly different argument than the one he’s addressing. My point about the vote in the legislature, as well as the su
David Weigel says that “Politically, I suppose this is bad news for the Democrats, but not nearly as much as in 2004. For one, it’s not coming out of a candidate’s home state.” Tom Maguire, meanwhile, asserts that the California Supreme Court may have done the GOP a “favor.” As I’ve been through before, though, […]
The California Supreme Court, six of whose seven members are Republicans, has ruled that the exclusion of same-sex couples from the legal benefits is unconstitutional (pdf). The opinion isn’t lu
Yesterday’s Times article about the inequities of civil unions is indeed important reading. In many contexts, obtaining civil unions is an improvement on the status quo, but it’s also impo
Writing about the “is sexual orientation genetic or is it a choice?” pointless dichotomy, M. Leblanc makes a point that isn’t made often enough: Arguing that things are out of someone’s control, and thus beyond criticism or bigotry, is a seductive tactic because it mirrors the arguments that are used against race discrimination. But the […]