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16 May 2008 07:53 am
Barr On Board
Bob Barr, who wrote DOMA, supports the California ruling on federalist grounds. Meanwhile, a very sharp analysis here. Money quote:
The court agreed with the plaintiffs that the correct way to
characterize the fundamental right question is whether there is a
fundamental right to marry from which same-sex couples are
unconstitutionally excluded, rather than, as the state argued, whether
there is a fundamental right to same-sex marriage. The court referred
to Perez v. Sharp, 32 Cal.2d 711, its landmark 1948 ruling striking
down the state’s law against interracial marriages. In Perez, the court
had not treat the question as whether there was a fundamental right to
interracial marriage; rather, the question was whether different-race
couples were being wrongly denied the fundamental right to marry.
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