Monday, August 9, 2010

Dr. Jennifer Roback-Morse on the Prop 8 Decision

3 comments:

  1. The judge did not overrule the will of the people. He simply enforced the Constitution.

    Marriage is and always has been a contract.

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  2. Jim, the two are not mutually exclusive. He did overrule the will of the people by "enforcing the constitution". Although many would disagree, including 7 million Californians that it was proper enforcement of the constitution.

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  3. Jim,
    Not everybody can enter into every contract. There are conditions for qualified participants. So even on the notion that marriage is merely a contract, it doesn't simply follow that the conditions for a marriage contract are genderless. Should it also be numberless? Polygamy is a contract freely entered into. So are incestuous "marriages".
    Thanks,
    Al

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