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"It is a strange implication of Gerstmann's approach that if a man wanted to marry his sterile sister, his eighty-year-old grandmother, three other women, two men, and his chihuahua, a court would have to turn somersaults to come up with a "compelling state interest" that would forbid these matches." (LOL)

"Gerstmann touches on almost all these questions, though he does not ask why there is so much public opposition to homosexual marriage, and he is surprisingly but revealingly incurious about what ordinary people think--he is doing constitutional law, after all, and constitutional law is about placing curbs on democratic preference." (ROFLMAO)

Judge Posner always makes an interesting although complex and long read. He is self-described as a common sense pragmatist. I have started reading Law Pragmatism and Democracy --his most recent book. Again, this is not an easy read but if I understand it I will try to do a review. There are other, professional reviews but they all seem to be a response to Posner's positions IMHO>

1 posted on 12/19/2003 7:49:14 AM PST by shrinkermd
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To: shrinkermd
Thanks for posting - a very good read
2 posted on 12/19/2003 8:01:49 AM PST by pau1f0rd (hey you, yes you. Stand still laddie.)
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To: shrinkermd
whether this meant that homosexuals have a constitutional right to marry

I have some gay acquaintances who lament that they can't marry.

I asked them, "who is using force to prevent you from holding your own ceremony?"

The answer was, "uhh, no one, why?"

I then asked, "who is using force to prevent you from going on a honeymoon and enjoying yourselves?"

The answer once again was, "no one, why?"

I then queried, "who is using force to prevent you from living together in a house, townhouse, apartment or condo?"

Again the response was, "well, no one, why???"

I then said, "Apparently no one is preventing you from having a ceremony, going on a honeymoon and living together. This means that you pretty much are saying you need government approval to live, love and marry. That's pretty pathetic."

I don't agree with homosexuality, but these people don't violate my civil rights.

3 posted on 12/19/2003 8:06:28 AM PST by xrp
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To: shrinkermd
INTREP - SODOMITE REPORT
5 posted on 12/19/2003 8:32:24 AM PST by LiteKeeper
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To: shrinkermd
I have no problem with homosexuals, but isn't marriage between a man and a woman? Is that too simple a concept?

Fine, they can lobby for "domestic partner" laws and other such stuff, but leave marriage alone.

6 posted on 12/19/2003 9:06:54 AM PST by antiRepublicrat
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To: little jeremiah
One for the list
7 posted on 12/19/2003 10:37:59 AM PST by John O (God Save America (Please))
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To: shrinkermd
insofar as homosexual marriage would undermine the norm of "patriarchal" marriage in which a man dominates a woman.

LOL!!!! This is definitely not "the norm" among my group of friends.

11 posted on 12/19/2003 12:49:37 PM PST by r9etb
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To: shrinkermd
From the Catechism of the Catholic Church

1660 The marriage covenant, by which a man and a woman form with each other an intimate communion of life and love, has been founded and endowed with its own special laws by the Creator. By its very nature it is ordered to the good of the couple, as well as to the generation and education of children. Christ the Lord raised marriage between the baptized to the dignity of a sacrament (cf. CIC, can. 1055 § 1; cf. GS 48 § 1).


1625 The parties to a marriage covenant are a baptized man and woman, free to contract marriage, who freely express their consent; "to be free" means:

- not being under constraint;

- not impeded by any natural or ecclesiastical law.




13 posted on 12/19/2003 6:24:47 PM PST by Salvation (†With God all things are possible.†)
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