Quote:
Originally Posted by lycosid
My takeaway from (skimming, admittedly) the Roberts dissent was simply that gay marriage was sufficiently distinct from straight marriage that equal protection doesn't apply. That's why the legal arguments were pretty brief and straightforward, and most of the dissent was devoted to staking out a definition of marriage.
I just read most of it and it's as disappointing as I imagined.
Roberts relies on the "definition of marriage" argument, which is basically a naked appeal to tradition. But the reason that the definition of marriage has generally been "a man and a woman" is because of animus. He doesn't seem to recognize that.
But marriage is more than a dictionary definition. Marriage implies a partnership, romantic love, child-rearing, shared responsibility and etc. Roberts ignores those aspects of our traditions. Reducing the institution of marriage to nothing but a simple gender check isn't exactly respectful.
His arguments are better wrt due process.