Baseball Crank
Covering the Front and Back Pages of the Newspaper
January 11, 2004
LAW: Take Back Massachusetts?

Harvard Law Professor Mary Ann Glendon, one of the few socially conservative members of the HLS faculty, argues that the Massachusetts Legislature could still work around the Goodridge decision on gay marriage by propounding legislative findings on the benefits of traditional marriage and the significance of the distinction between the two. (Link via Howard Bashman). Her reasoning: the Massachusetts Supreme Judicial Court didn't say that the distinction lacked a rational basis, just that the Legislature had failed to provide one. I'm not really convinced that this would work, since the SJC could and probably would then find any proferred distinctions to be irrational (courts are not known for being willing to cede to legislatures once they've stuck out their necks on an issue like this). But it's true that the SJC would probably feel compelled to at least address the findings.

Posted by Baseball Crank at 10:53 AM | Law 2002-04 | Comments (0) | TrackBack (0)
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