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Religion & Law

: Constitutionally Correct

Richard Epstein: Same-sex bombshell overturns Proposition 8

By Alliance Alert

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Richard A. Epstein writing at Forbes: "The key element of the DOMA decision was its categorical conclusion that there was no conceivable rational basis to stop same-sex couples from marrying. Given the speed with which electrons travel cross-country, that Massachusetts decision gave Judge Walker a powerful signal that there was no obvious doctrinal obstacle in taking the same path. His action was emboldened by the responses of elected officials charged with upholding the federal law. None of them want to take on this battle."

Full post as published by Constitutionally Correct on August 05, 2010 (boomark / email).

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