Friday, June 12, 2009

Of Rubes And Throats: The It's OK Now To Be A Muslim Edition

clipped from www.qando.net

Fundamental right to marry that includes same-sex couples? Nonsense under the narrowest approach to such rights, as articulated by Chief Justice Rehnquist in Washington v. Glucksberg, who wrote that in evaluating a fundamental-rights claim a federal court must follow tradition and tradition is to be understood as narrowly as possible.

The Loving analogy? Rejected. Strict scrutiny for laws discriminating against gays and lesbians? Unprecedented. Sex discrimination? Meritless. Romer v. Evans? That dealt with a comprehensive denial of rights, unlike DOMA. Lawrence v. Texas? That was a privacy case.

Ninth Amendment rights? No such thing.


Essentially, the Obama Administration’s justice department filed a brief that attempts to gut practically every constitutional gay rights argument you can think of. 

the DoJ went for the throats of gay marriage advocates.

I really do wonder why.