Friday, July 18, 2014
Appeals court nullifies another same-sex marriage ban [Oklahoma]
Noteworthy concurring opinion on "animus" -- these opinions are mostly only interesting now for wrinkles. Judges overall have tried to avoid "animus" (we aren't meanies!). Understand that. But, the concurring opinion focuses too much on Romer and Lawrence. For instance, Moreno (hippies) dealt with a federal benefit (food stamps), narrower than marriage (itself a collect of things), still struck down law. State amendment here is novel and significant.