Ted Olson's Faulty Polygamy Argument

Okay, so I'm not a lawyer, much less a constitutional lawyer. Ted Olson is a lawyer -- an accomplished attorney with a fine mind and a capacity for facile argument. But he's dead wrong when he says the law can exclude polygamy or any other marriage arrangement though it recognizes the legal "right" of homosexuals to marry. Let's carefully consider Olson's oral argument in response to Justice Sotomayor's query about the plasticity of marriage should the institution be opened to homosexuals. First, let's establish not a point of law, but a point of republican necessity. When we citizens leave the law to barristers, academics (who teach the law), and the left, what do we get? We tend to get rulings that make putty of the Constitution by jurists who believe it's their mission to draw inferences and concoct broad opinions based on the spurious notion of "interpretation" and application of contemporary standards to the law, while largely omitting original intent, which is inconvenient...(Read Full Article)

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