Same-Sex Marriage: Who Decides

Bob Sheridan bobsheridan at earthlink.net
Wed Sep 7 08:38:04 PDT 2005


This is where Conlaw seems to resemble a shell game in which the issue 
is made to shift from substance to procedure seemingly at will, but in 
any case is called real.  One side argues for equality and the other 
says,"not here," but when you get here, the answer is "not here again, 
go back whence you came."

It's almost enough to give Conlaw a bad name.

rs

RJLipkin at aol.com wrote:

>         This raises the question of whether there is a coherent 
> position opposing same-sex marriage, at least with respect to the 
> institutional question of who decides. I've been told that Phyllis 
> Schlafly has recently written a book arguing that the S-S marriage 
> question should be settled by the legislature. If that's true, 
> shouldn't Mrs. Schlafly approve of the California legislation 
> (regarding the institutional question) while still, of course, arguing 
> (and perhaps working) for a change in the relevant legislation? Or 
> should we be more cynical and suggest opponents of S-S marriage care 
> little about the institutional question and only about the substantive 
> result?  If that's true, I would welcome them dropping the 
> institutional argument entirely and committing themselves to the 
> substantive argument only.  Or is it simply that opposition to S-S 
> marriage includes a wide array of people having different agendas?
>  
> Bobby
>  
> Robert Justin Lipkin
> Professor of Law
> Widener University School of Law
> Delaware
>  
>
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