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Tue Jan 14, 2014, 09:37 PM

same sex marriage question for lawyers

Or at least someone with more legal training than my one year of law school ten years ago. Are those arguing in favor of marriage equality (by challenging state bans on 14th amendment grounds) using Scalia's dissent in recent cases to make their case?

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Reply same sex marriage question for lawyers (Original post)
arely staircase Jan 2014 OP
jberryhill Jan 2014 #1

Response to arely staircase (Original post)

Wed Jan 15, 2014, 01:28 AM

1. It was cited with approval in the Utah decision

 

I don't know what was briefed, but the judge cited and adopted the reasoning of Scalia's dissent

IMHO, people actually underestimate what a dick he really is. His point in response would likely be - "you are relying on a dissent".

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