Too Gay To Judge?

Still, just because a legal argument is degrading and futile doesn't mean nobody will make it. For as long as there have been bigots in America, litigants have tried to argue that women are too womanly to decide gender cases and that Jews are too Jewish to hear cases involving the first attacks on the World Trade Center. Like ProtectMarriage, these litigants also have tried to dress up their claim...

Slate • Jun 14, 2011

The Best Argument Against Gay Marriage -- And why it fails.

We all know that the common-procreation argument declares war on all same-sex marriages. But it is worth reviewing just how demeaning it is to opposite-sex couples who do not produce their own offspring. They are like losing baseball teams. They are not the real parents of their children. True, their status is not directly on the line in the gay marriage debate--George and his co-authors are not c...

Slate • Dec 14, 2010

Judge Walker's decision to overturn Prop 8 is factual, well-reasoned, and powerful.

Judge Vaughn R. Walker is not Anthony Kennedy. But when the chips are down, he certainly knows how to write like him. I count--in his opinion today--seven citations to Justice Kennedy's 1996 opinion in Romer v. Evans (striking down an anti-gay Colorado ballot initiative) and eight citations to his 2003 decision in Lawrence v. Texas (striking down Texas' gay-sodomy law). In a stunning decision thi...

Slate • Aug 5, 2010

Racism is the wrong frame for understanding the passage of California's same-sex marriage ban.

...

Slate • Nov 14, 2008