Friday, May 13, 2005

Are you sure that the FMA is unnecessary?

Thursday, a federal district judge struck down Nebraska's law recognizing marriage as only the union of one man and one woman as a violation of the U.S. Constitution. The opinion is sloppily reasoned and seems to be a hodge-podge of legal theories loosely tied together. Professor Volokh at The Volokh Conspiracy has a good analysis of the opinion, and why it should be reversed by the Eighth Circuit, or the Supreme Court, here.

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