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2 responses to “Chief Justice refuses appeal to stop D.C. marriage law”

  1. Marriage Comes to DC « Leave it to Seaver

    [...] the first day that the DC will issue marriage licenses to same sex couples after the Supreme Court refused to stop the law from taking effect today.  Congratulations to [...]

  2. John

    Fear not. Cert will surely be granted in Perry v. Schwarzenegger. The interesting thing is that the basis for the attack on Prop H8 in that trial is Romer v. Evans which was authored by Kennedy. This was a very clever tactic. If Perry falls within Romer. then Kennedy is between the infamous rock and the proverbial hard place. It will take quite a tap dance to wiggle out from under his own precedent – he may not want to. We should not presume prejudice in SCOTUS justices – that’s a proven fallacy. See e.g. the Warren Court

    The irony is that the vast majority of gay rights organizations railed against this trial. They preferred the red-herring ‘state’s rights’ rubbish which is utterly self-contradictory. Loving [v. Virginia] stands for the proposition that marriage is not a ‘states rights’‘ issue. But when they realized that, if we win in Perry, they will be made to look utterly ridiculous, they all suddenly ‘evolved” (that’s the euphemism for flip-flop) and decided to support Boies et. al. By attacking the Perry trial and abjuring the ONLY valid and sure-fire legal remedy (resolve it ALL in one fell swoop!), gay activists betray the very constitutional bedrock at issue: the 14th Amendment of the U.S. Constitution and the word “person.” It really is that simple.

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