The Virginia Gay Marriage Decision: Even Worse Than You Think

Ranting about Judge Wright Allen's Virginia gay marriage opinion may clear the sinuses, but actually reading it to find out how she justifies her decision is much more useful. What becomes clear after even minimal exposure is that what we're dealing with isn't just a bad decision. Like many on the left Wright Allen ardently embraces procedural purity, sometimes. When the outcome's politically correct. For instance, standing. Standing's a hot issue right now, so it's quite interesting to see how Wright Allen manages to grant standing to a same-sex couple suing Virginia over its refusal to issue a marriage license for which they never applied. Oh, well, they're still the victims of "stigmatic" injury. That's the kind it's tough to describe because it's mostly in somebody's head. And what about jurisdiction? If you think the Supreme Court should rule unequivocally that legalizing same-sex marriage is not a federal matter you'll be happy to know they already have, over forty years ago....(Read Full Post)