Friday, March 15, 2013

That's all ya got?

Ari Ezra Waldman reviews the briefs given to the Supremes from ProtectMarriage, the anti-gay side of the Calif. gay marriage case, and Speaker Boehner in the Defense of Marriage (DOMA) case, which prevents the federal gov't from recognizing gay marriages. Other interested parties filed briefs, but Waldman didn't include them in this discussion.

One part of his analysis is: That's it? That's all ya got? Missing is the claim that allowing gays to marry will discourage straights from doing so. Missing are references to studies that prove gays are bad parents. All that's left is that straight couples can create children and gay couples (on their own) can't.

And that, Waldman says, isn't logical. How can preventing gays from marrying encourage straights to marry? If we want stable straight households for raising kids, how does banning gay marriage accomplish that?

The ProtectMarriage brief adds a little reminder (though worded much more carefully): Remember that *Roe v. Wade* thing and how the public wasn't ready and we're still dealing with the backlash? This kind of issue is well suited for the "give and take of the democratic process, where individuals may persuade or be persuaded." Just don't look behind the curtain to see how much fearmongering ProtectMarriage and its allies do, how undemocratic its operations are, and that no majority may pass a law that violates the Constitution.

The Boehner brief is just a mess (and they paid a lawyer $2 million for it?). It argues about state's rights and how that needs continued protection by DOMA section 2 -- but the Supremes are reviewing section 3.

That's all ya got?

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