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:: A constitutional law blog by Scalia/Thomas fan David M. Wagner, M.A., J.D., Research Fellow, National Legal Foundation, and Teacher, Veritas Preparatory Academy. Opinions expressed here are those of the author and do not reflect those of the NLF or Veritas. :: bloghome | E-mail me ::

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    :: Tuesday, June 01, 2010 ::
    "Critique the right to marry as a movement priority"

    AALS conventions are one of the places where the "cutting edge" cuts its edges. It is with a certain amount of surprise, then, that one finds on the menu of one of the inevitable rethink-the-family seminars that they have every year at their early-January general conventions, the following offering from next January's meeting:
    The law and advocates engaged in disputes over marriage and family make varying assumptions about facts of social life and the appropriate aims of legal regulation. This plenary panel questions these assumptions and asks who is actually benefited by the positions social movements and advocacy organizations take. The panelists will explore issues such as feminist and critical race critiques of marriage and the right to marry as a movement priority; the failure of lesbigay legal reform programs adequately to protect transgender youth and their precarious location vis-à-vis family; and whether it is proper for the state to seek to “establish” and confer favor upon any one particular family formation. [Emphasis added]
    Many translations are possible; I suggest two, but there are others: (a) We've never liked marriage, and we're sick of pretending; (b) We're losing on marriage, so why not link up with those crazy libertarians and destabilize it through the "get the state out of it" route?

    :: David M. Wagner 1:45 PM [+] ::

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