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Does anyone expect that to hold? It seems obvious that they just needed something that seemed vaguely like a legal basis to justify the decision. It's at least
by cookiecaper 13y ago
Does anyone expect that to hold? It seems obvious that they just needed something that seemed vaguely like a legal basis to justify the decision. It's at least not as egregious as Griswald, but I definitely think they're reaching with the "feds can't have a custom marital definition". If they're going to say it's illegal for the federal government to define marriage because marriage is a state-level thing, they may as well also say it's illegal for the federal government to consider marital status altogether.
- nhangen 13y agoWell and beyond that, they're setting a strong precedent for future state's rights cases. I happen to be in favor of that by the way, despite ambivalence towards this particular issue.