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Hopefully the last I will write about Prop8

So Prop8 is gone. The plaintiffs were married today in San Francisco, and we’re all a little more American.

I’m having trouble finding words for this, so here are a few pictures. Read the rest of this entry

Will this be the argument presented to the Supreme Court?

This is the strangest argument against gay marriage that I’ve seen yet, I wish I could read it written out formally by the lawyers who said it. It’s bizarre and weak, and apparently the one that the Prop 8 crowd are taking before the Supreme Court.

Here’s the article by the LA Times, and here’s where you can read Greta Christina’s take on it, where I found the link.

“It is plainly reasonable for California to maintain a unique institution [referring to marriage] to address the unique challenges posed by the unique procreative potential of sexual relationships between men and women,” argued Washington attorney Charles J. Cooper, representing the defenders of Proposition 8. Same-sex couples need not be included in the definition of marriage, he said, because they “don’t present a threat of irresponsible procreation.”

Yeah. What puzzles me about this is that it’s by far the most demeaning description of marriage I’ve ever read. Every married couple should be offended by this, and it just gets worse the more I think about it!

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Supremes to hear Prop 8 & DOMA

No, sorry, that’s the Supreme Court of the United States, not the Supremes. But that’s the big news today, the Supreme Court will be hearing Prop 8 and DOMA.

As usual, P8TT has the details here.

So what does this mean?
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Walmart vs Women

Monday morning the Supreme Court decided that a sex-discrimination lawsuit against Wal-Mart cannot proceed as a class-action suit. Here is the decision in pdf. When I refer to page numbers, I’ll be talking about the pdf page for simplicity’s sake. Buckle in, folks, this is going to be a long ride.

I should start with the usual disclaimer pointing out that I am not a lawyer, nor am I trained in the minutiae of legal language. While following the Prop 8 trial I read a lot of legal briefs and had lawyers helping me to understand them which gives me at least a general feel for how these documents work, but I am not by any stretch an expert nor do I pretend to understand the nuances of legal theory. (It’s also worth mentioning that many papers concerned with Prop 8, especially Amicus Curiae briefs supporting the Defendant-Intervenors, were completely insane. Seriously.) As such I’ll mostly keep my discussion onto parts I more or less understand, more philosophy than legality. On those terms, at least, I feel that I can show that Scalia needs a new title. I propose from now on he be known as “Little Janie Q Scalia”. Read the rest of this entry

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