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Michigan's finest legal mind tries cramming a square peg into a circular hole

by: Eric B.

Fri May 09, 2014 at 11:56:09 AM EDT

A couple of months ago, Michigan's finest legal mind paid a bunch of money for a gaggle of clowns to come to Michigan to remove all doubt in a very public forum that Michigan's finest legal mind is an expert in picking terrible expert witnesses: One was dismissed as having nothing to offer, another was ridiculed as a disgrace to his profession and another said that homosexuals are going to burn in Hell. He lost, grandly, and naturally decided to waste even more taxpayer dollars mounting an aggressive appeal. His rationale? In prohibiting same sex marriages, the voters of Michigan were acting every bit as rationally as they were when they prohibited affirmative action from being used in college admissions.

“As Justice Kennedy recently explained, (in the affirmative action case) “[i]t is demeaning to the democratic process to presume that the voters are not capable of deciding an issue of this sensitivity on decent and rational grounds,” Schuette wrote in his appeal of a ruling in March by U.S. District Judge Bernard Friedman that Michigan’s ban on same-sex marriage is unconstitutional violation of equal protection rights. “Democracy does not presume that some subjects are either too divisive or too profound for public debate.”

It's ... almost as if his office doesn't quite get what it's arguing for. What's the difference between same sex marriage and affirmative action? One issue involves extending to everyone the same rights currently guaranteed only to one portion of society, the other involves extending preferential treatment to a portion of society not currently offered universally.

We may argue in that last regard whether this preferential treatment serves some greater societal good (it does) and helps make access to opportunity -- more important than college admissions by themselves -- more fair and equitable, but it has nothing to do with extending access to the public benefits of marriage to everyone. It's such a terrible argument, a sophomore in basic logic could pick it apart. Yet, it's coming from the office of the attorney general.

By the way, this argument was put together by a living, breathing human being drawing pay from the office of the attorney general. It doesn't make the slightest bit of difference whether this was an outside attorney hired to work on this case or an employee of the state ... tax dollars were spent to put this thing together. It would sure be nice if someone asked how much money from the AG's budget is being spent on this overall, rather than being sastified that all costs incurred in the defense of this law come by way of the circus clowns he hired a couple of months ago.

Eric B. :: Michigan's finest legal mind tries cramming a square peg into a circular hole
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Well heck
The appeals brief from the Governor of Kentucky says that if same-sex marriage is allowed maybe all of those straight couples in KY will stop having babies, and then where will Kentucky be.

It's almost as if nobody can come up with a compelling argument why SSM should be illegal ...

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