January 31, 2007

Ginsburg Tries to Lull Conservatives

by PG

Though they see the federal judicial imposition of same-sex marriage at every turn, conservatives who don't know better might actually take Justice Ginsburg at face value when she said, "Overruling a 1986 decision, Lawrence declared unconstitutional a Texas statute prohibiting two adult persons of the same sex from engaging, voluntarily, in intimate sexual conduct. (I think it highly unlikely, however, that we will soon see a U.S. Supreme Court decision resembling the very recent decision of the Constitutional Court of South Africa in Minister of Home Affairs v. Fourie.)"

Then again, "soon" is a relative term, and one that may have something to do with political orientation. If you are standing athwart history, yelling "Stop!" even a change ten years from now is soon. Whereas if you see constitutional law as a progression -- recognizing the equality of women and minorities, extending rights to protection from state as well as federal interference -- then waiting ten years for one's sex not to determine whom one can marry seems like a long time.

January 31, 2007 3:29 AM | TrackBack
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