4 years ago
robertr
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Justice Kennedy, DOMA, and Race
Justice Anthony Kennedy was recently the crucial fifth vote overturning the Defense of Marriage Act (joining the four liberal justices). DOMA prohibited the federal government from recognizing same sex marriages. As Toobin writes, Kennedy has come out in favor of gay rights three times in three recent cases. Kennedy was also the fifth vote overturning the Voting Rights Act (joining the four conservative justices).
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@jazzbycharlie Can you elaborate on what you mean by "absolute freedom of desires." Do you think there would be a movement to legalize incest? Do you think that a lot of these arguments about "slippery slopes" would have been made when we as a nation were deciding to include women in the democratic process? What about civil rights for African Americans?
@curtisb I mean that freedom is protected by holding to certain established standards. Not to imply that DOMA isn't a notable fight, but that it will serve as blueprint for anyone or group wishing to change the way we do things. I mentioned incest because there does exist organizations that publicly advocate for this "freedom."
What I'm really wondering is if you think (as Scalia wrote in his dissent) that we are on a "slippery slope" (im paraphrasing Scalia)?
@Curtisb the rights of every citizen must be protected on the condition that it is lawful and just and when the majority of the citizens support the changing of a law and the top court upholds the will of the p people then no person has a right to deny those rights.