How to Win the Marriage Debate

The big news on the culture-war front is a federal court's striking down of Proposition 8, California's constitutional amendment protecting marriage.  In a two-to-one ruling, the United States Court of Appeals for the Ninth Circuit wrote, "The people may not employ the initiative power to single out a disfavored group for unequal treatment and strip them, without a legitimate justification, of a right as important as the right to marry." Now, I'm not sure why the judges mention a "disfavored group," as if singling out a "favored" one for unequal treatment would be okay.  As far as I know, the 14th Amendment, on which the court based its ruling, doesn't offer equal protection to only those the current fashions deem "disfavored."  Thus, I think this is an example of emotionalism influencing a ruling and its language, sort of as if a judge sentenced a defendant and, adding an adjective, announced him as "stupid" Mr. Smith.  Calling a group "disfavored" is similarly a...(Read Full Article)

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