Monday, March 24, 2014

14 in a Row for Gay Marriage

In Michigan, a Reagan-appointed judge writes that the state's ban on gay marriage
impermissibly discriminates against same-sex couples in violation of the Equal Protection Clause because the provision does not advance any conceivable legitimate state interest.
There it is again, the same argument: the state cannot discriminate between different classes of people without some "legitimate interest." The "legitimate interest" standard is the lowest bar the courts have for defensible legislation, but gay marriage opponents can't cross it. Michigan tried to do so by producing four conservative scholars who say their research raises questions about whether all this is good for children. Judge Friedman waved these "experts" away. Of one he wrote,
The Court finds Regnerus’s testimony entirely unbelievable and not worthy of serious consideration.
So that makes fourteen courts in a row that have overturned gay marriage bans.

No comments: