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View Diary: The Ninth Circuit's restrained decision on Proposition 8 (141 comments)

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  •  not many understand much, anyway (0+ / 0-)

    Large majorities in this country believe that discriminating against gays & lesbians is already illegal. You and I know it is as legal as anything needs to be.

    But as long as we're talking about things that are hard to understand - I have a hard time "understanding" the dissent's assertion that "rational basis" means a law is perfectly fine if you can come up with an argument that defends it - even if that argument is contradicted by the facts - even if in practice the law thwarts the goals you claim in your argument. Smith's dissent elevates know-nothingism to constitutional stature.

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