Thursday, August 5, 2010

Is Justice Ginsburg A Sure Yes Vote For A Federal Right To Same Sex Marriage?

Let me suggest that Lawyers filing briefs against Same Sex Marriage when it gets to the Supreme Court need to target Ginsburg!!

Everyone assumes she is a Yes Vote for a Federal Right for Gay Marriage, However I can't help but think of remarks she made in 1993 on Roe V Wade.

From the NYT

The second part of Judge Ginsburg's critique concerns the scope of Roe v. Wade, and it is this part that has made some abortion-rights leaders, including Kate Michelman of the National Abortion Rights Action League, somewhat wary. Judge Ginsburg has argued that by issuing a broad ruling that swept most state abortion laws off the books, the Court created an inherently vulnerable precedent that led to a backlash and short-circuited a liberal trend then under way in the states.

While her New York University lecture discussed Roe v. Wade specifically, her critique reflected a more general approach to judging and to the development of the law. "Measured motions seem to me right, in the main, for constitutional as well as common-law adjudication," she said. "Doctrinal limbs too swiftly shaped, experience teaches, may prove unstable." She praised the Court's opinion last year in Planned Parenthood v. Casey for opening a "renewed dialogue" between the states and the Court.

She has revisited this again recently!!

At Princeton in 2008
When asked about the discrepancy between her support of a woman’s right to choose and her disapproval of Roe v. Wade, which opened the door to legalized abortion in 1973, Ginsburg said that she was surprised by “how far the court had gone [in this decision].”
“It would have been easy for the Supreme Court to say that the extreme cases are unconstitutional” without broadening the decision to the 50 states.
Ginsburg said that the abruptness of the decision, which declared many state statutes unconstitutional, created a “perfect rallying point” for people who disagreed with the notion that abortion should be a woman’s choice. She added that the decision may have also stifled dialogue with state legislatures.
“I never questioned the judgment that it has to be a woman’s choice, but the court should not have done it all,” she said.
She added that in the absence of a sweeping decision like Roe, it is possible that abortion rights legislation would have evolved organically in the same way that no-fault divorce laws have
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2 comments:

Andy said...

That's hopeful news on Ginsburg.

Sadly, the few conversations I've had with same sex supporters have fallen into 2 distinct categories.

1. They support, SSM, then wonder aloud why the state is in any way involved in marriage, meaning they completely miss the whole "to provide a stable environment to rear the next generation of citizens" purpose.

2. Them: If you don't support SSM you are for discrimination.

Me: Ok. I want to marry a cow.

T: That's stupid, a cow can't consent.

M: It didn't consent before I went to McDonald's and ordered a Big Mac either.

T: Well, I guess you think being gay is a choice! No one would choose to be gay!

M: I wish I wasn't attracted to cows, but I was born that way.

T: No you weren't you can choose not to marry a cow. Free will.

M: I guess you have scientific proof to support the concept of freewill. Otherwise you are pushing you religious/philosophical/moral mandates on me. Help! Help! I'm being repressed!

T: Well SSM won't affect you, so why do you care?

M: Good argument for Darfur or the Holocaust.

That's why I tend to avoid these arguments. Though it is sad that fewer and fewer people have any idea why we have marriage. I think it is another symptom of the introduction of artificial contraception. Once reproduction and matrimony are separated, no one is quite sure why we have matrimony anymore.

James H said...

I so agree. Oh and the argument You are against same sex marriage so you are a homophobe. What is amazing about that arguement is that 30 years ago Gay Activist were quite clear they opposed beingput in a hetrosexual box and did not want marriage.