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Monday, January 05, 2004

IS MARRIAGE A RIGHT? Mary Catelli

Interesting post of Jim Henley's. What I notice is the limited universe of discourse. We have, on one hand, heterosexual couples whose marriages are recognized, and on the other, gay couples whose marriages aren't. This is an invitation to strict scrutiny, but he simply assumes that we can limit the recognition to sexual relationships -- that limiting such recognition to sexual relationships not only passes strict scrutiny but so self-evidently does that we do not even have to consider the matter.

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