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Bench Memos

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Care to Try That Again?



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That’s what I’d like to ask NYU’s Prof. Kenji Yoshino this morning.  The other day I drew attention to Yoshino’s feeble attempt, at Slate, to criticize the recent article “What Is Marriage?” published by Sherif Girgis, Robert P. George, and Ryan T. Anderson (henceforth GG&A) in the Harvard Journal of Law and Public Policy.  Well, today GG&A answer Yoshino at Public Discourse, and one is left wondering: Is there any advocate of gay marriage who can supply an answer to their question–What Is Marriage?–that is not either entirely destructive of the institution even on their own terms, or logically incoherent, or both?

It’s probably best to begin catching up on this debate by reading the original article by GG&A, which is more accessible than you would have reason to expect if you have read much in law reviews.  Then read Yoshino, then GG&A’s rejoinder today.  I can’t imagine what response Yoshino could have at this point.



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