Balkinization  

Wednesday, April 29, 2015

An idea whose time has gone

Andrew Koppelman



Nothing is stronger than an idea whose time has gone. Yesterday’s Supreme Court argument showed as clearly as anything could have that same-sex marriage will prevail, not only because of the strength of its arguments, but because those arguments meet no resistance: The opposing view has become incomprehensible.

I elaborate on this argument at Salon.com, here.

The sex discrimination argument, which I’ve developed in an amicus brief in the case (coauthored with Ilya Somin) and elsewhere, is nicely profiled in today’s New York Times, here.


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