/* Google Analytics Code asynchronous */

Friday, May 16, 2008

California Marriage - The Day After

WINNER: FEDERALISM

Looking through some legal commentary on the decision, I think we can say that the winner, conceptually, has been a Federalist approach, letting each state court do its own.

The California opinion is unique. In some ways, it's "stronger" than Massachusetts (I don't recall Hawaii's reasoning, off hand, so ...).

It shows that deliberative bodies can come to different conclusions. If you ultimately believe that collective wisdom and social understanding are improved by a variety of competing ideas, then you welcome the Federalist approach, even when you disagree.

ACT QUICKLY

Opponents have already acted quickly, seeking to delay the implementation, to prevent any change in opinion brought on by a change in the status quo from coalescing ....