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  • Archived Blog Post

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    California's Marriage Decision

    E.J. Dionne opines in todays Washington Post that it is good that the majority will ultimately vote on the California Marriage issue and hopes that they vote to affirm it.

    I don't share his optimism on the ability of legislative majorities to respect the rights of minorities. Some things should not be put to a vote. Ultimately, this will turn into a federal equal protection question - I am frankly surprised that it has not already.

    Should the California voters not agree with E.J., the matter will eventually go to the Supreme Court. When it does, even Justice Scalia will have to agree that equal protection is equal protection - especially in the California case, opening up the spectre of a federal marriage amendment or even the call to a constitutional convention on a variety of conservative hot button issues from taxation to abortion.

    Time will tell.

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