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Thursday, October 09, 2003

ARIZONA RULES AGAINST GAY MARRIAGE: Maggie Gallagher

Dale, how can you expect us to "calm down" when you so accurately point out that SSM falls so squarely within the Supreme Court's current jurisprudence on the "right to marry." Have a piece on this pending in a Notre Dame law journal.

The Court (unlike lower courts) increasingly describes marriage as essentially a form of expressive conduct. If that is right, then Dale you are right. There is no reason to exclude same-sex unions. But what if the Court is not right

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