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Wednesday, May 21, 2014

Courts - Judges in recent same-sex marriage opinions conscious they are writing for history

See this post by Adam Serwer at MSNBC.com (h/t Rick Hasen, who is quoted at the end of the story). Some quotes:

Many of the judges’ rulings in same-sex marriage cases have departed from dry legalisms to embracing emotional proclamations extolling the inevitability and justice of recognizing same-sex unions, and how doing so fits within an American tradition of extending rights to once-despised minorities. Like teenagers playfully jostling each other in a yearbook photo, these judges are reveling in their moment.

“With court after court striking down marriage bans, merely voiding another state’s discriminatory law isn’t enough,” said Adam Winkler, a law professor at UCLA. “The real reason for these flourishes, I believe, is that judges in the marriage cases know they are writing for history. There’s a long tradition of judges taking a different tone when they expect their opinions to be historically significant.”

Posted by Marcia Oddi on May 21, 2014 11:39 AM
Posted to Courts in general