Comments on: Analysis of the Maryland Anti-Gay Marriage Decision http://themoderatevoice.com/15194/analysis-of-the-maryland-anti-gay-marriage-decision/ An Internet hub for moderates, centrists, and independents, with domestic and international news, analysis, original reporting, and popular features from the left, center, and right Sun, 22 Nov 2009 23:45:36 -0500 http://wordpress.org/?v=2.8.4 hourly 1 By: David Schraub http://themoderatevoice.com/15194/analysis-of-the-maryland-anti-gay-marriage-decision/comment-page-1/#comment-98893 David Schraub Thu, 20 Sep 2007 06:13:28 +0000 http://themoderatevoice.com/society/law-legal-matters/15194/analysis-of-the-maryland-anti-gay-marriage-decision/#comment-98893 The problem is the "politically powerless" prong is, at best, one sixth of the factors a Court is supposed to use in order to determine suspect class status. The idea that the mild legislative victories gays have achieved outstrips the continued oppression and discrimination they face is like saying <i>Loving</i> (in 1967) shouldn't have had strict scrutiny because Congress had passed a bunch of civil rights acts by then (six of them, to be precise). It's facially bogus, and purely manipulative. The problem is the “politically powerless” prong is, at best, one sixth of the factors a Court is supposed to use in order to determine suspect class status. The idea that the mild legislative victories gays have achieved outstrips the continued oppression and discrimination they face is like saying Loving (in 1967) shouldn’t have had strict scrutiny because Congress had passed a bunch of civil rights acts by then (six of them, to be precise). It’s facially bogus, and purely manipulative.

]]> By: Bones_708 http://themoderatevoice.com/15194/analysis-of-the-maryland-anti-gay-marriage-decision/comment-page-1/#comment-98887 Bones_708 Thu, 20 Sep 2007 03:22:29 +0000 http://themoderatevoice.com/society/law-legal-matters/15194/analysis-of-the-maryland-anti-gay-marriage-decision/#comment-98887 <blockquote>we shall not hold that gay and lesbian persons are so politically powerless that they constitute a suspect class</blockquote> That's a little different than your rephrase. All I would say about this decision is that the Maryland State Constitution does not give protection for Gay marriage. So? I grant you that if I wanted a gay marriage in Md that would help but this verdict wasn't about if that <em>should</em> be possible rather if the state Constitution protected that right. It is possible to be pro gay marriage and agree with the decision. I know people who are pro choice and still think Roe vs. Wade is a horrible decision. People who are pro gun control who hate that the 2nd amendment gives the rights that it does. It's bad when we no longer allow judges to actually judge issues without ascribing nefarious motive to every decision.

we shall not hold that gay and lesbian persons are so politically powerless that they constitute a suspect class

That’s a little different than your rephrase.

All I would say about this decision is that the Maryland State Constitution does not give protection for Gay marriage. So? I grant you that if I wanted a gay marriage in Md that would help but this verdict wasn’t about if that should be possible rather if the state Constitution protected that right. It is possible to be pro gay marriage and agree with the decision. I know people who are pro choice and still think Roe vs. Wade is a horrible decision. People who are pro gun control who hate that the 2nd amendment gives the rights that it does.
It’s bad when we no longer allow judges to actually judge issues without ascribing nefarious motive to every decision.

]]> By: DLS http://themoderatevoice.com/15194/analysis-of-the-maryland-anti-gay-marriage-decision/comment-page-1/#comment-98875 DLS Wed, 19 Sep 2007 23:42:14 +0000 http://themoderatevoice.com/society/law-legal-matters/15194/analysis-of-the-maryland-anti-gay-marriage-decision/#comment-98875 <blockquote>“Real law” manages to conveniently mimic whatever DLS wants it to mean, once again. </blockquote> The best you have possibly achieved here is to have engaged in projection.

“Real law” manages to conveniently mimic whatever DLS wants it to mean, once again.

The best you have possibly achieved here is to have engaged in projection.

]]> By: David Schraub http://themoderatevoice.com/15194/analysis-of-the-maryland-anti-gay-marriage-decision/comment-page-1/#comment-98846 David Schraub Wed, 19 Sep 2007 18:48:44 +0000 http://themoderatevoice.com/society/law-legal-matters/15194/analysis-of-the-maryland-anti-gay-marriage-decision/#comment-98846 "Real law" manages to conveniently mimic whatever DLS wants it to mean, once again. Damn the ERA (not a product of "liberal to radical politics" at all, incidentally!) for its "beguiling" text! “Real law” manages to conveniently mimic whatever DLS wants it to mean, once again. Damn the ERA (not a product of “liberal to radical politics” at all, incidentally!) for its “beguiling” text!

]]> By: DLS http://themoderatevoice.com/15194/analysis-of-the-maryland-anti-gay-marriage-decision/comment-page-1/#comment-98819 DLS Wed, 19 Sep 2007 16:22:45 +0000 http://themoderatevoice.com/society/law-legal-matters/15194/analysis-of-the-maryland-anti-gay-marriage-decision/#comment-98819 The majority explained its position with respect to literal and intentional construction in the rest of the sentence from which you quoted conveniently out of context and misused to take a predictably childish swipe at those who prefer real law and rule of law over liberal to radical politics. The majority explained its position with respect to literal and intentional construction in the rest of the sentence from which you quoted conveniently out of context and misused to take a predictably childish swipe at those who prefer real law and rule of law over liberal to radical politics.

]]> By: Jim Satterfield http://themoderatevoice.com/15194/analysis-of-the-maryland-anti-gay-marriage-decision/comment-page-1/#comment-98758 Jim Satterfield Wed, 19 Sep 2007 01:34:23 +0000 http://themoderatevoice.com/society/law-legal-matters/15194/analysis-of-the-maryland-anti-gay-marriage-decision/#comment-98758 Didn't I read somewhere that another part of the majority decision stated that one reason there shouldn't be any protection of the right to marry for gays was because being gay was a choice. First, that's highly questionable. Secondly, isn't religious affiliation a choice as well? If they really did say that did they think about it first? Didn’t I read somewhere that another part of the majority decision stated that one reason there shouldn’t be any protection of the right to marry for gays was because being gay was a choice. First, that’s highly questionable. Secondly, isn’t religious affiliation a choice as well? If they really did say that did they think about it first?

]]> By: Sam http://themoderatevoice.com/15194/analysis-of-the-maryland-anti-gay-marriage-decision/comment-page-1/#comment-98750 Sam Tue, 18 Sep 2007 23:53:44 +0000 http://themoderatevoice.com/society/law-legal-matters/15194/analysis-of-the-maryland-anti-gay-marriage-decision/#comment-98750 Sorry to have the first post go off topic, but we've already got another one going on this one. Anyone else notice there are no Iraq related posts today? I think its refreshing that we have some other topics. Sorry to have the first post go off topic, but we’ve already got another one going on this one.

Anyone else notice there are no Iraq related posts today? I think its refreshing that we have some other topics.

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