Tag Archives: Equality

In Changing Social Norms, Narrative (and the Court’s Fragile Sensibilities) Matter

Consider this a follow-up to yesterday’s post on the culture of the legal academy. Last week’s New Yorker offers the true tale behind Lawrence v. Texas, the watershed Supreme Court case that made unconstitutional any state law targeting morality in the bedroom, and therefore inaugurated the modern gay rights movement. Per Dahlia Lithwick, and her reviewed author Dale […]

Is Using the Term to “Coed” to Describe Women Sexist?

Let’s forget for a moment that you only really see the word “co-ed” used on, well, Playboy. It’s been forty years since most colleges integrated male and female populations, if not more. Is there any reason to continue to break women apart as a separate college population? HotAir’s contributor thinks so. She also thinks women […]

In Limited Defense of Affirmative Action

Court watchers will note an odd, and unsettling development at One First St. — the Supreme Court yesterday accepted review of Fisher v. University of Texas, the first challenge to education-based affirmative action to reach the high court in a decade. As the Times notes, affirmative action in the college admissions context was never a permanent thing. […]

The Populist Case for Tradition

At RedState, that wretched hive of scum and villainy, one poster manages to, between an incomprehensibly wrong argument against the Ninth Circuit’s recent decision on Proposition 8, say something interesting. I recommend you skip over everything but the last two paragraphs, reproduced below: As I’ve written before, democracy, free markets, tradition and the rule of written […]

A Chance to Split Religious Leaders from their Voters?

A glimpse at mainstream conservative news sites would convince anyone that the Obama administration’s proposed contraception rule — which purports to require church-affiliated institutions and hospitals, but not places of worship themselves, to provide free contraception through their employee health plans — means the President stands to reap a whirlwind of fundamentalist backlash as the […]

Victory in California: What to Take from the Ninth Circuit’s Decision

Yesterday gave American progressives two strong pieces of good news: first, Rick Santorum swept a few early primary and caucus states, gaining not so many delegates, but considerable momentum, and therefore guaranteeing that the continuing disaster that is the Republican primary season will drag on for… a while. Second, and more importantly, the Ninth Circuit […]

An Answer to Santorum’s “Marriage” Analogy

It’s a perilous thing, Googling “Santorum.” But that’s precisely what I had to do to write this post. Last week, former Senator cum continuing failure Rick Santorum attempted a bit of metaphysics, with predictable results. You see, gay marriage simply cannot be, because gay marriage is as different from straight marriage as a napkin is from a paper towel. […]

Allocating Blame Between a Willing President, and an Unwilling Law

Consider it a metonym for larger questions on the economy, the war on terror, and beyond: if we have a President who’s made his policy position clear, do we blame him, or others, when the law prevents him from making good on a promise? Here’s the story. Two men married in Massachusetts, one an American, the […]

Reconciling the Right’s Cognitive Dissonance on Marriage

Texas Governor and perpetually undecided presidential candidate Rick Perry explains his stance on gay marriage. It’s a state decision, through and through. Our friends in New York six weeks ago passed a statute that said marriage can be between two people of the same sex. And you know what? That’s New York, and that’s their […]

The Unspoken-but-Acknowledged Truth About Gay Marriage

Politico quotes another’s observation: [W]hen the question of [gay] marriage reaches the Supreme Court, the justices will ask themselves, is the country ready? Is it ready culturally, how many states permit same-sex marriage, and what are elected officials saying? At that point and in preparation for that point, the stated position of a sitting president […]