tag:blogger.com,1999:blog-2744321091780648445.post8029565987128688139..comments2010-02-03T22:18:46.790-08:00Comments on Liberal Explosion: Liberal Messaging: best provided by conservative lawyersTastyhttp://www.blogger.com/profile/03253986724749578947noreply@blogger.comBlogger1125tag:blogger.com,1999:blog-2744321091780648445.post-3841521887903148542010-02-03T22:18:46.790-08:002010-02-03T22:18:46.790-08:00I think that progressives have been shy about beat...I think that progressives have been shy about beating the 14th amendment drum for reasons that go deeper than the right of marriage, per se. You can only argue that gay couples are being denied marriage if you presuppose that homosexuality is an innate <em>trait</em>. Many conservatives continue to believe that homosexuality is a <em>choice</em>, despite significant scientific evidence to the contrary. Such a person would argue that just as a felon gives up his right to vote because of the actions he committed, a homosexual gives up his right to marry for the same reason.<br /><br />So really, under a purely 14th amendment-based line of attack, you'd face a courtroom debate on the nature of homosexuality. Scientific testimony tends to fare poorly in court, so this line of reasoning would probably end badly. In contrast, Olsen and Boies are building their case mainly by negating the "marriage is for procreation" and "gay marriage is bad for kids and straight marriage" arguments. Equal Protection is in there, of course, but it's not the main prong of their attack.jdobreshttps://www.blogger.com/profile/08607933821470147791noreply@blogger.com