Wednesday, July 30, 2014

10th Circuit opinion could weaken gay marriage before SCOTUS by turning away from animus argument


Adam Liptak wrote a sidebar in the New York Times about the 10th Circuit opinion that invalidated Oklahoma’s ban on same-sex marriage.  Liptak notes a concurring opinion discounts the idea of animus (a polite word for victimization) as a reason for Oklahoma’s amendment, and fears that this piece of logic could pose a problem when gay marriage gets to the Supreme Court, as it probably will next session. The DOMA opinion had indeed been based on animus, an argument that the more conservative members of the Court sometimes accept.  On the other hand, in Oklahoma, the amendment did not take away a right already there.  There some falling in to the “tolerance trap” in this line of thought.  The link for the story on page A15 on Tuesday is here.

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