How Does Culture War Logic Stack Up to Article III?

Not well. Some snippets as I find them:

  • “To the extent Blankenhorn [defendant’s expert] believes that same-sex marriage is both a cause and a symptom of deinstitutionalization [of marriage], his opinion is tautological. Moreover, no credible evidence supports Blankenhorn’s conclusiont hat marriage could lead to other manifestations of deinstitutionalization.” (pp 45-46)
  • “Proposition 8 does not affect the First Amendment rights of those opposed to marriage for same-sex couples.  Prior to Proposition 8, [despite the legality of gay marriage] no religious group was required to recognize marriage for same-sex couples.” (p 89)
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