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	Comments on: Supreme Court marriage cases: the week ahead	</title>
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	<link>https://www.overlawyered.com/2013/03/supreme-court-marriage-cases-week-ahead/</link>
	<description>Chronicling the high cost of our legal system</description>
	<lastBuildDate>Wed, 27 Mar 2013 08:06:10 +0000</lastBuildDate>
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	<item>
		<title>
		By: rxc		</title>
		<link>https://www.overlawyered.com/2013/03/supreme-court-marriage-cases-week-ahead/comment-page-1/#comment-204559</link>

		<dc:creator><![CDATA[rxc]]></dc:creator>
		<pubDate>Wed, 27 Mar 2013 08:06:10 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=37140#comment-204559</guid>

					<description><![CDATA[I really don&#039;t care whether the court approves of SSM, but a comment by Ted Olson started me thinking.  He said (on NPR) that marriage was not really about children, but instead about love and relationships between people who love one another.  Then, I heard one of the SC judges (Sotomayor, I think), ask whether people over 60 should be denied marriage licenses, because they don&#039;t have children.

If marriage is all about people who love one another, and not about children, then why should society prohibit siblings from marrying one another?   Why prohibit sons from marrying mothers, or fathers marrying daughters, if they agree not to have children?  I could imagine a couple of elderly siblings deciding to get married to avoid inheritance taxes, so why should they be prevented from taking advantage of these opportunities that society has heretofore limited to heterosexual couples?]]></description>
			<content:encoded><![CDATA[<p>I really don&#8217;t care whether the court approves of SSM, but a comment by Ted Olson started me thinking.  He said (on NPR) that marriage was not really about children, but instead about love and relationships between people who love one another.  Then, I heard one of the SC judges (Sotomayor, I think), ask whether people over 60 should be denied marriage licenses, because they don&#8217;t have children.</p>
<p>If marriage is all about people who love one another, and not about children, then why should society prohibit siblings from marrying one another?   Why prohibit sons from marrying mothers, or fathers marrying daughters, if they agree not to have children?  I could imagine a couple of elderly siblings deciding to get married to avoid inheritance taxes, so why should they be prevented from taking advantage of these opportunities that society has heretofore limited to heterosexual couples?</p>
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		<title>
		By: David Schwartz		</title>
		<link>https://www.overlawyered.com/2013/03/supreme-court-marriage-cases-week-ahead/comment-page-1/#comment-204499</link>

		<dc:creator><![CDATA[David Schwartz]]></dc:creator>
		<pubDate>Wed, 27 Mar 2013 01:42:59 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=37140#comment-204499</guid>

					<description><![CDATA[To be fair, they could believe that the Constitution currently guarantees a right to same-sex marriage but that it should be amended to allow States to decide, but somehow I doubt it.

@Deoxy: What makes a mockery of understanding language and enduring law is to think that people meant to enshrine their mistakes. If I say &quot;you are entitled to due process&quot;, that means any process that can be shown to be in fact due is process to which you are entitled, regardless of whether anyone thought it was or wasn&#039;t due at any particular time. If people can later show new types of process that are in fact due, then you are entitled to them as soon as that showing is made.

That&#039;s why the right to free speech includes speaking on the Internet. Nobody intended that, but as soon as it could be shown to be speech, the freedom extends to it. This has nothing to do with whether anyone considered, or would have considered, Internet posting &quot;speech&quot; at the time the first amendment was written.]]></description>
			<content:encoded><![CDATA[<p>To be fair, they could believe that the Constitution currently guarantees a right to same-sex marriage but that it should be amended to allow States to decide, but somehow I doubt it.</p>
<p>@Deoxy: What makes a mockery of understanding language and enduring law is to think that people meant to enshrine their mistakes. If I say &#8220;you are entitled to due process&#8221;, that means any process that can be shown to be in fact due is process to which you are entitled, regardless of whether anyone thought it was or wasn&#8217;t due at any particular time. If people can later show new types of process that are in fact due, then you are entitled to them as soon as that showing is made.</p>
<p>That&#8217;s why the right to free speech includes speaking on the Internet. Nobody intended that, but as soon as it could be shown to be speech, the freedom extends to it. This has nothing to do with whether anyone considered, or would have considered, Internet posting &#8220;speech&#8221; at the time the first amendment was written.</p>
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		<title>
		By: MattS		</title>
		<link>https://www.overlawyered.com/2013/03/supreme-court-marriage-cases-week-ahead/comment-page-1/#comment-204438</link>

		<dc:creator><![CDATA[MattS]]></dc:creator>
		<pubDate>Tue, 26 Mar 2013 17:43:43 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=37140#comment-204438</guid>

					<description><![CDATA[Deoxy,

Try reading the ninth amendment.]]></description>
			<content:encoded><![CDATA[<p>Deoxy,</p>
<p>Try reading the ninth amendment.</p>
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		<item>
		<title>
		By: Deoxy		</title>
		<link>https://www.overlawyered.com/2013/03/supreme-court-marriage-cases-week-ahead/comment-page-1/#comment-204426</link>

		<dc:creator><![CDATA[Deoxy]]></dc:creator>
		<pubDate>Tue, 26 Mar 2013 15:17:59 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=37140#comment-204426</guid>

					<description><![CDATA[While more constitutional knowledge would obviously be helpful to the vast majority of people in this country, having what appear at first blush to be conflicting opinions on something like this does not necessarily imply it (though in most cases, that&#039;s probably true).

I think a great many things should be, but the cost of getting the government to do them (ESPECIALLY the Federal government) is far too high for me to even consider supporting it.

This could quite easily be such a thing.

(Of course, the idea that the Constitution, as written, has such a right embedded in it makes a mockery of the basic concepts of understanding language and enduring law, as clearly, none of the people who wrote it or enforced it for 200+ years would have thought it meant that.  Words should have meaning, and changing them should be explicit and intentional.  Want a constitutional right for SSM?  Pass an amendment.  The text as written clearly contains no such thing.)]]></description>
			<content:encoded><![CDATA[<p>While more constitutional knowledge would obviously be helpful to the vast majority of people in this country, having what appear at first blush to be conflicting opinions on something like this does not necessarily imply it (though in most cases, that&#8217;s probably true).</p>
<p>I think a great many things should be, but the cost of getting the government to do them (ESPECIALLY the Federal government) is far too high for me to even consider supporting it.</p>
<p>This could quite easily be such a thing.</p>
<p>(Of course, the idea that the Constitution, as written, has such a right embedded in it makes a mockery of the basic concepts of understanding language and enduring law, as clearly, none of the people who wrote it or enforced it for 200+ years would have thought it meant that.  Words should have meaning, and changing them should be explicit and intentional.  Want a constitutional right for SSM?  Pass an amendment.  The text as written clearly contains no such thing.)</p>
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		<title>
		By: Bob Lipton		</title>
		<link>https://www.overlawyered.com/2013/03/supreme-court-marriage-cases-week-ahead/comment-page-1/#comment-204224</link>

		<dc:creator><![CDATA[Bob Lipton]]></dc:creator>
		<pubDate>Mon, 25 Mar 2013 16:58:00 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=37140#comment-204224</guid>

					<description><![CDATA[One is a statement of fact.  One is a statement of what should be fact. I&#039;m sure that during Prohibition a similar situation applied.

Bob]]></description>
			<content:encoded><![CDATA[<p>One is a statement of fact.  One is a statement of what should be fact. I&#8217;m sure that during Prohibition a similar situation applied.</p>
<p>Bob</p>
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		<title>
		By: John Burgess		</title>
		<link>https://www.overlawyered.com/2013/03/supreme-court-marriage-cases-week-ahead/comment-page-1/#comment-204218</link>

		<dc:creator><![CDATA[John Burgess]]></dc:creator>
		<pubDate>Mon, 25 Mar 2013 16:03:36 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=37140#comment-204218</guid>

					<description><![CDATA[How about an Intro course on the Constitution? &quot;Refresher&quot; assumes there&#039;s some basic knowledge already extant.]]></description>
			<content:encoded><![CDATA[<p>How about an Intro course on the Constitution? &#8220;Refresher&#8221; assumes there&#8217;s some basic knowledge already extant.</p>
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