JACOB T. LEVY AND JUSTIN KATZ DEBATE FMA

...If "incidents of marriage" really has nothing to do with civil unions, then it has nothing to do with them for either the legislature or the judiciary. And the judiciary, empowered to construe the Civil Unions Act as granting some privileges to gay couples because those privileges are not incidents of marriage, must also be empowered to construe other sources of law as granting, or requiring the grant, of those privileges. Sources such as a nondiscrimination or equal protection clause in a state constitution. On what I think is Justin's argument, the FMA would not limit the judiciary from doing so, because those privileges aren't incidents of marriage.

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posted by Eve at 3:56 PM VOTE

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