The Volokh Conspiracy
Mostly law professors | Sometimes contrarian | Often libertarian | Always independent
Today in Supreme Court History: April 28, 2015
4/28/2015: Obergefell v. Hodges argued.
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And people claim that SCOTUS wasn't political before Trump...
Maybe this was a good decision, maybe it wasn't -- but I am damn sure that the people who wrote the 14th Amendment never would have anticipated this...
What, exactly, is your belief here? That 19th-century jurists and legislators would have been so horrified by the thought of treating homosexual people as if they had rights that they would have ignored any legal arguments and ruled against the gays like Taney ruling against Dred Scot? Or is it your thesis that they would have been more than happy to contemplate allowing people's rights to be stripped away by popular vote?
Prior to Prop 8, same sex couples could marry in California because whoever wrote the civil marriage statute forgot to put in the text of the statute that spouses all have to be of differing gender. Oops.
Objecting to other peoples' marriages is stupid, anyway, particularly on religious grounds.
Great decision if you hate homosexuals and want them to suffer the agonies of the Family Law bar. Homosexual income is a full standard deviation higher than that of hets. That is the real aim of this decision, to go after homosexual money. Homosexuals have not fallen for this lawyer trap. Almost none are getting married, even in European jurisdictions where marriage has been legal for decades.
It's been six years and somehow hetero people are still getting married without anyone objecting. Somehow families are still forming and children are being begotten and being raised by happy couples. There are no leather-clad lesbians marrying their parakeets in the City Clerk's office. Strange.
Nothing the lawyer skunk does will ever make this more than a friendship.
Nothing you do will wash away the scent of sour grapes in your complaints about lawyers.