Hooray for Harvie!
Welcome back from vacation. Although I was tempted to write this morning about the poor Crocodile Hunter, my son's fave television personality, I decided instead to stay true to Bench Conference's focus and draw your attention to this fine op-ed piece this morning by J. Harvie Wilkinson III, a federal appeals court judge from the 4th U.S. Circuit Court of Appeals.
Blasting both the right and the left, Judge Wilkinson bemoans the rush to "constitutionalize" the issue of same-sex marriage. "To constitutionalize matters of family law is to break with state traditions," he writes. "The major changes in family law in the 19th and 20th centuries, such as the recognition of married women's property rights and the liberalization of divorce, occurred in most states at the statutory level. Even the infamous bans on interracial marriage were adopted nonconstitutionally by 35 states, and by constitutional amendment in only six." Read the article. Let me know what you think.
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Posted by: CT | September 5, 2006 03:18 PM
Posted by: Constitutionalist | September 5, 2006 03:50 PM
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