Saw dashrashi's LSN site. Since she seems to use profanity, one could say that HYP does not necessarily mean class or refinement.
oh my god. Carolene Products footnote 4. Or do you prefer mob rule generally?
Not allowing Gay marriage is not discrimination on the basis of sexual orientation. It effects everyone regardless of sexual orientation. Maybe that's ludicrous, because it naturally has the biggest impact on homosexuals, but what people want to do (i.e., get married) isn't really a determination. I can't marry my best guy friend and get all the benefits of marriage. So what if I don't have that desire.
The Bill of Rights, and arguably the Supreme Court, exist in order to ensure that the majority does not have free "democratic" reign to oppress the minority whenever it feels like. That's the Carolene Products point, and it gets at the underlying point of homophobia and bigotry, which is what these laws are really about, just as Loving acknowledged that what was really going on was racial purity as a means of reinforcing white supremacy. Oppression by the majority is something I am extremely attuned to, and I have absolutely no qualms about the court stepping in to do its job of preventing it.
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