Bench Memos

NRO’s home for judicial news and analysis.

Biggest Laugh of the Kerrigan Opinion


“If the defendants were able to demonstrate sufficient cause to deny same sex couples the right to marry, then we would reject the plaintiffs’ claim and honor the state’s desire to preserve the institution of marriage as a union between a man and a woman. In the absence of such a showing, however, we cannot refuse to follow settled equal protection jurisprudence merely because doing so will result in a change in the definition of marriage.”

We’re open-minded, really we are, but our hands are tied.  We must follow settled jurisprudence . . . and invent a completely new and hitherto unheard-of “right” that upends the consensus of every civilization in history.



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