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March toward matrimony (Original Post)
question everything
Apr 2015
OP
question everything
(47,460 posts)1. Self kick (not that any DUer needs any convincing) (nt)
hifiguy
(33,688 posts)2. Fence-sitters on the SCOTUS tend to take note of prevailing
social trends. I still say 6-3 for marriage equality.
question everything
(47,460 posts)3. Agree. And I love Justice Ginsburg comment
http://thinkprogress.org/justice/2015/04/29/3652468/justice-ginsburg-eviscerates-case-marriage-equality-just-five-sentences/
[Same-sex couples] wouldnt be asking for this relief if the law of marriage was what it was a millennium ago. I mean, it wasnt possible. Same-sex unions would not have opted into the pattern of marriage, which was a relationship, a dominant and a subordinate relationship. Yes, it was marriage between a man and a woman, but the man decided where the couple would be domiciled; it was her obligation to follow him.
There was a change in the institution of marriage to make it egalitarian when it wasnt egalitarian. And same-sex unions wouldnt wouldnt fit into what marriage was once.
[Same-sex couples] wouldnt be asking for this relief if the law of marriage was what it was a millennium ago. I mean, it wasnt possible. Same-sex unions would not have opted into the pattern of marriage, which was a relationship, a dominant and a subordinate relationship. Yes, it was marriage between a man and a woman, but the man decided where the couple would be domiciled; it was her obligation to follow him.
There was a change in the institution of marriage to make it egalitarian when it wasnt egalitarian. And same-sex unions wouldnt wouldnt fit into what marriage was once.
hifiguy
(33,688 posts)4. The most interesting question of the whole argument for me
came from Roberts: "Can't we decide this case under settled sex-discrimination law?"
If he goes that way, Ginsburg can show him the way there. She MADE most of "settled sex-discrimination law" as an attorney arguing in front of the SCOTUS. Roberts seems to be looking for the most uncontroversial precedents to use as a basis for affirming marriage equality.