GOODRIDGE AND THE SLIPPERY SLOPE: Mark Tardiff

The slippery slope is no hypothetical danger, but is staring us in the face. Polygamy groups are already organizing, adapting the arguments and using the strategies of the pro-SSM groups (see the Stanley Kurtz quote in the Sam Schulman article). The Goodridge decision itself opens the way.

Justice Marshall says that same sex couples are "arbitrarily" deprived of membership in the marriage club. Gender has been a determining factor in who one could marry across all known cultures back through the millenia beyond
recorded history. If even gender is arbitrary, then everything is arbitrary. No other element
has even a fraction of a chance of withstanding a charge of arbitrariness. Why should the state have any more stake in upholding the binary nature of marriage
than it does the gender difference? There is no logical reason, and even consequences
for society have no force. As Goodridge has shown, any concerns for consequences can be easily disposed of with one wave of a legal wand.
posted by Eve at 1:10 AM | link

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