Skip Navigation

The Daily Dish - 2006-2011 archives for The Daily Dish, featuring Andrew Sullivan

Barr On Board

By The Daily Dish
May 16 2008, 7:53 AM ET

Bob Barr, who wrote DOMA, supports the California ruling on federalist grounds. Meanwhile, a very sharp analysis here. Money quote:

The court agreed with the plaintiffs that the correct way to characterize the fundamental right question is whether there is a fundamental right to marry from which same-sex couples are unconstitutionally excluded, rather than, as the state argued, whether there is a fundamental right to same-sex marriage. The court referred to Perez v. Sharp, 32 Cal.2d 711, its landmark 1948 ruling striking down the state’s law against interracial marriages. In Perez, the court had not treat the question as whether there was a fundamental right to interracial marriage; rather, the question was whether different-race couples were being wrongly denied the fundamental right to marry.

 



Presented by

More at The Atlantic

9 fACES of the New Egypt 9 Faces of the New Egypt
The GOP Primary Is Badly Wounding Mitt Romney Why a Long Primary Fight Will Hurt Mitt Romney
Study of the Day: How We Really Read Restaurant Menus How We Read Restaurant Menus
In Memphis Classrooms, the Ghost of Segregation Lingers On In Memphis Classrooms, the Ghost of Segregation Lingers On
Adulthood, Delayed: What Has the Recession Done to Millennials? Adulthood, Delayed: What's the Recession Done to Millennials?
Special Report
Beyond the BRICs Reuters Beyond the BRICs
A look at the next big global economies—and the rise of a global middle class. Read more ›
View All Correspondents

The Biggest Story in Photos

Valentine's Day 2012

Feb 14, 2012

Subscribe Now

SAVE 59%! 10 issues JUST $2.45 PER COPY

Facebook

Newsletters

Sign up to receive our free newsletters

(sample)

(sample)

(sample)

(sample)