Monday, May 19, 2008

Interesting Thought Experiment

Andrew Sullivan quotes a blogger wondering if the anti-gay marriage amendment initiative in California would force the California justices to also make marriage invalid for straight people (in order to preserve the equality they found other constitutional clauses requiring).

It's a nice idea but probably implausible. As other amendment attempts have shown, Constitutions can contain logical contradictions, especially when it comes to discriminating against minorities. Legally, I think, the instructions to the court implicit in any amendment are clear: here's a case where we are enshrining discrimination into law.

However, if an amendment passes, it'd still be nice to see a lawsuit on this idea make it's way through the courts. It wouldn't have to win - just put it through the courts and let everyone worry about the outcome. It'd be kind of nice for a change to see how much straight people like it having the courts decide if their unions can legally be called "marriages."

No comments: