Dahlia Lithwick, of whom we should all be enamored, takes up Federal Marriage Amendment issue in Slate today. She writes, "A Defense of Marriage Amendment would enshrine, for the first time, language of intolerance and exclusion in a document that was intended to set forth basic rights." I had no idea she was a loyal reader. Commentary from people who generally know what they're talking about follows at the Volokh Conspiracy, starting here. While I assume the legal analysis here is basically sound, I do have a quibble with this: "But the 'does he want to be remembered as a bigot?' argument strikes me as an argument that's simply premised on the assumption that one is right, and that of course everyone else should just see that, since, well, I'm right, darn it." Whether or not one considers oneself a bigot is irrelevant to whether or not one actually is a bigot. People make judgments every day based on the assumption that they are right. And, in time, I believe most everyone else will see that we are. Since we're right, darn it.
More from Lithwick: "If Massachusetts legalizes gay marriage, the argument goes, the floodgates are open." Paging Mayor Newsom.
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