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Disappointing disconnect
Quote:
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Originally posted by Mmmm, Burger (C.J.) Do you think that states with equal protection guarantees would have so phrased them if they thought a majority of their s. ct. would have deemed it to extend to require gay marriage? No.
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Constitutions embody general principles. Do you think the Fourteenth Amendment would have been enacted if its framers had been told that the Supreme Court would decide Loving v. Virginia or Brown v. Board? Probably not. But they were enshrining a principle, not outcomes.
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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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