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Originally Posted by Ghoulish Delight
So, because straight people are idiots and have children when they don't have the means or brains to care for them, we're not going to let gay people get married?!?! I'm dizzy that's so ridiculous.
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As I read it, it's more like: (the legislature could rationally find that) straight people are so unstable that the state is justified in bribing just that group with marriage benefits to get them to create stable households, and that gay couples, because they are less likely to "accidentally" become parents, aren't as unstable and don't require the inducement to create stable homes.
Not that you weren't saying that, I just wanted to highlight the somewhat back-handed compliment in there.
I didn't read the due process analysis. I need to compare the analysis of the majority and dissent opinions to comment on that. But, I'm not surprised that the court punted back to the legislature. I should probably look up whether appellate judges are elected in NY. My impression from various scuttlebutt is that the "activist judge" rhetoric (whether valid or not) has left some judges eager to punt whenever possible, less they lose their elected spots on the bench.