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Wednesday, July 24, 2013

Three short pieces (by lawprawfs) on Windsor in Commonweal

Commonweal magazine has posted short pieces by Michael Perry, Marc DeGirolami, and me commenting on various aspects of the Windsor and Perry decisions.  The contribution of Michael Perry ("Right Decision, Wrong Reason") contends that the Court should not have relied on assertions regarding the "animus" behind or the bad motives driving DOMA and should instead have invalidated the challenged provision on the ground that it violates a general right to "moral freedom."  The piece by me ("Worth Worrying About?") considers the implications for religious freedom of the line of reasoning in Justice Kennedy's Windsor opinion.  And, in "Why Standing Matters," Marc DeGirolami explains (and defends) the Court's justiciability doctrines.

Posted by Rick Garnett on July 24, 2013 at 09:36 AM in Constitutional thoughts, Rick Garnett | Permalink


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