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Monday, May 19, 2008

Calif.'s Gift to McCain?: J. McCormack, Weekly Standard

... "It looks like a fairly conventional liberal judicial activist decision," says Princeton professor of jurisprudence Robert P. George. "These guys had the votes, and they rammed it through. They don't regard the will of the people of California as worthy of their particular concern." ...

By supporting the court's decision, Obama exposed a number of vulnerabilities. McCain might ask, What exactly would preclude the U.S. Supreme Court, refreshed with a couple of Obama appointees, from declaring same-sex marriage a constitutional right in all 50 states? And if laws against same-sex marriage are just like laws against interracial marriage, as the California court declared, then what would stop the government from treating those who oppose same-sex marriage like racists?

Indeed, says Professor George, the next logical step will be to use "antidiscrimination laws as weapons" primarily against religious institutions and individuals who refuse to recognize same-sex marriage. In the eyes of the law, George says, they'll be "treated as bigots." For example, after the Massachusetts same-sex marriage decision in 2004, Catholic Charities shut down its adoption services rather than comply with a government order to place children with same-sex couples.

In California, conflicts between religious liberty and gay rights have already reached the courts.
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