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Barr On Board
16 May 2008 07:53 am
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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