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Proposition 8 in the Papers and in Court


The Los Angeles Times editorialized this morning in favor of an attempt to get rid of California’s constitutional definition of marriage. A curious element of the paper’s argument for repeal in 2012 is its unselfconscious reliance on “an infusion of young voters.” A growing role for the voice of youth and inexperience is consonant with the paper’s implicit Whig theory of history, under which voters are inexorably moving to greater enlightenment and tolerance (every day, in every way, we’re getting better and better).

In other news, the U.S. Department of Justice has decided to express its disapproval of the federal Defense of Marriage Act in a brief in federal court. The case is a challenge to DOMA, and the Department of Justice is charged with defending the law, but it has chosen to repudiate the arguments in its favor embraced by the highest courts of New York, Washington, and Maryland. A straightforward legislative repeal would be the more honest approach, but the Obama administration seems to have decided that the easier route is to try to undercut the law with legal arguments, perhaps in the hope that they will be spared the effort of going through Congress if they can just get a court decision invalidating DOMA.

– William C. Duncan is director of the Marriage Law Foundation.


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