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The Weblog at The View from the Core - Thu. 03/18/04 05:36:09 PM

Franck Contra Brilmayer

The Wall Street Journal published, Mar. 9, a commentary by Prof. Lea Brilmayer:

Last Wednesday's hearing before the Senate's "Subcommittee on the Constitution, Civil Rights and Property Rights" was billed as the occasion for a serious discussion on the need for a constitutional amendment to limit the interstate effects of Goodridge, the Massachusetts court decision recognizing a state constitutional right to same-sex marriage. Why else would the hearing's organizers invite me, a professor with no particular published opinion on gay rights but dozens of technical publications on interstate jurisdiction? Prepared to do battle over the correct interpretation of the Constitution's Full Faith and Credit Clause, I found myself instead in the middle of a debate about whether marriage is a good thing, and who really loves America's kids the most — Republicans or Democrats....

Prof. Matthew J. Franck writes a reply at NRO, Mar. 16:

The March 9 Wall Street Journal carried an op-ed by Professor Lea Brilmayer of Yale Law School, titled "Full Faith and Credit," which urged readers to pooh-pooh the necessity of a Federal Marriage Amendment to the Constitution on grounds that there is no reason to worry about courts nationalizing the establishment of gay marriage in the United States. But Professor Brilmayer's argument was actually a clever piece of misdirection, a bit of legerdemain in which we were invited to fix our attention on the left hand while the right hand picks our pockets....

Lane Core Jr. CIW P — Thu. 03/18/04 05:36:09 PM
Categorized as Political.


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