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Thursday, December 09, 2004

CIVIL UNIONS AS CAMOUFLAGE: Maggie Gallagher

Many people support civil unions for their own sake. That is one thing. The ACLU article below explains how legal civil unions are just part of a strategy for creating court-imposed gay marriage.

OP-ED: M. Coles: Don't just sue--do something useful; excerpt:

As explained in an earlier article on marriage cases, we are likely to lose cases like these. Constitutional law on gay people is not very developed. That means that it is easy for hostile or cautious judges to decide against us (this is explained in more detail in the earlier article). And we will be worse off than we are now if we bring these cases and lose.


Over the next few years, we will be developing the constitutional law on gay people through cases about adoption and students, and relationship cases that are not about marriage (such as cases about excluding same-sex partners from health plans). If we continue to develop the law as we have, we will create a basis for eventually winning federal cases on marriage. But if we take the more extreme cases now and lose, we may completely stop that development. At the very least, it will take us much longer to win marriage cases, since courts are generally slow to overrule their own earlier decisions.

How about taking it to the Supreme Court?



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