Gay Sex and Marriage, the Reciprocal Disadvantage Problem, and the Crisis in Liberal Constitutional Theory

"While it is true that constitutional protection for gay rights depends upon contestable moral judgments, the failure to protect these rights also rests on such judgments. The argument that courts should not take a side in the “culture war” is therefore a wash. Conservatives are nonetheless eager to discredit the argument for gay rights because the failure to do so would challenge core assumptions of standard constitutional theory." Source: Georgetown Law

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