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View Diary: QOTD: NOM chairman suggests Chief Justice Roberts' choice to adopt kids is "second best" option+more (80 comments)

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  •  the argument was a bit subtler than that (10+ / 0-)

    the state has an interest in making marriage advantageous to encourage couples to marry in the case of unplanned pregnancies and can rationally withhold these benefits with respect to other couples.  The problem with the argument is not that it doesn't also apply to infertile couples, it applies to fertile couples who were waiting until after marriage to have kids!  It also doesn't work at all if the issue in Prop 8 or DOMA was selective deprivation of an otherwise-extended benefit on discriminatory grounds.  Still, it's about the best the lawyers defending Prop 8 could have done given what they're up against.

    Difficult, difficult, lemon difficult.

    by Loge on Thu Mar 14, 2013 at 11:57:56 AM PDT

    [ Parent ]

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