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View Diary: A point that should have been raised in DOMA arguments today (39 comments)

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  •  I really wish Olson had said something like this: (1+ / 0-)
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    I believe you recognized that in your 2003 dissent in Lawrence v Texas, where you acknowledged that if Lawrence stood as precedent there could be no rational basis for a state to prohibit same-sex marriage.

    With mixed-race marriage it took the court 100 years to recognize that mixed-race couples had a 14th Amendment right to marry.   Hopefully the court will act with greater alacrity this time to correct a clear violation of equal protection.

    •  That's a good point, but... (1+ / 0-)
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      ... remember that, at the oral argument, Olson is not trying to win a debate with Scalia.  Olson's task is only to try to persuade at least 5 justices (and Scalia will never be among that group) to do the right thing in Hollingsworth.

      Please help to fight hunger with a donation to Feeding America.

      by MJB on Thu Mar 28, 2013 at 09:50:08 AM PDT

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