Religion & Law

Mike Dorf has a characteristically illuminating analysis of the decision over at Dorf on Law, as well as (at fuller length) on Findlaw.  The first is located, and the second is accessible, here: http://www.dorfonlaw.org/2010/08/rationality-review.html .

Mike agrees with the outcome, but is troubled by the means used to get there.  

For what my own higly inexpert opinion is worth, I continue to wonder why we do not treat civil union as the apt civil category, and treat marriage solely as the religious category that I've always thought it to be.  In such case it would be hard - for me, at any rate - to see denial of civil union to any couple, of sound mind that has reached the age of consent, as capable of surviving rationality review.  And it would be just as hard - for me, at any rate - to see any justification for state interference with ecclesial organizations' defining their more specific conceptions of the separate category of marriage in what ever manner was consistent with their theologies.  But I've written at some length on this already, so I won't belabor the point here.

Here's a post from last November, complete with amusing video clip from a wonderful film: http://www.dorfonlaw.org/2009/11/tale-of-two-marriages.html .

All best,

Bob