Saturday, June 27, 2015
Judge Posner on Homosexual "Marriage"
This is posted at lawyer and philosophy of law professor, Keith Burgess-Jackson's blog:
A decision by the Supreme Court holding that the Constitution entitles people to marry others of the same sex would be far more radical than any of the decisions cited by Eskridge. Its moorings in text, precedent, public policy, and public opinion would be too tenuous to rally even minimum public support. It would be an unprecedented example of judicial immodesty. That well-worn epithet "usurpative" would finally fit.
(Richard A. Posner, "Should There Be Homosexual Marriage? And If So, Who Should Decide?," review of The Case for Same-Sex Marriage: From Sexual Liberty to Civilized Commitment, by William N. Eskridge Jr, Michigan Law Review 95 [May 1997]: 1578-87, at 1585)
Note from KBJ: By 2014, Posner had changed his mind. I wonder what changed in 17 years. The text of the Constitution certainly didn't change