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To: ellery
"did not overturn the law on this equal protection basis."

Perhaps that's for the best. Equal protection (OK for heterosexuals = OK for homosexuals) would open the door to gay marriage, yes?

140 posted on 06/26/2003 9:11:52 AM PDT by robertpaulsen
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To: robertpaulsen
If I read Kennedy's opinion correctly, he doesn't say that the Texas law could not also have been overturned on the equal protection ground, merely that the court chose to confront the due process argument instead (because deciding the case on equal protection grounds would not make clear that sodomy laws were constitutional if they prohibited both homo- and heterosexual sodomy)>

So it's not clear that the Supreme Court would not entertain the equal protection argument for gay marriage in a future case.

144 posted on 06/26/2003 9:15:29 AM PDT by aristeides
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To: robertpaulsen
Perhaps that's for the best. Equal protection (OK for heterosexuals = OK for homosexuals) would open the door to gay marriage, yes?

Probably...I guess it would depend how "marriage" was defined. That's why communities that wish to prohibit gay marriage are on the correct legal track by beginning with the definition of "a man and a woman."

156 posted on 06/26/2003 9:25:16 AM PDT by ellery
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