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Gay Marriage
Quote:
Originally posted by Hank Chinaski
again, no dog in this one, but you submit that a distinction based upon bad sentiments towards the LDSs would be subject to rational basis? distinctions based upon religions aren't subject to strict scrutiny?
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Courts are reluctant to attribute legislative action to animus, and do it rarely. They don't want to base a decision on legislative intent unless it's clear from the enactment. But see Cleburne and Romer. I'm not saying it couldn't work, I'm saying it's unlikely to.
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“It was fortunate that so few men acted according to moral principle, because it was so easy to get principles wrong, and a determined person acting on mistaken principles could really do some damage." - Larissa MacFarquhar
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