Notes on a Theory…

Thoughts on politics, law, & social science

Posts Tagged ‘Marriage Equality

The Fundamental Principle of Popular Sovereignty…Good for One Day Only

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At the end of the Supreme Court’s term last year, I noted that when it came to the Affordable Care Act case, every justice agreed with the principle that the Constitution creates a system of enumerated powers at the federal level. But, when it came to the Arizona’s punitive immigration law, those same nine justices all agreed the federal government was endowed with unenumerated powers, resulting from sovereignty, to regulate immigration.

As I said then, “both positions were consistent with past decisions”:

All this illustrates a point I’ve been trying to make–we have to distinguish between claims about what the Court does, from what it does, but both involve talk.  Both are consequential, but neither are automatic. The key is not to ignore what the Court says or to take it as truth, but rather to focus on in what contexts certain things are taken for granted (and here we’re not just talking about the Court but also the larger legal community) and how it differs from other contexts.

This term brings a similar example, although this time it involves a smaller number of justices.

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Written by David Kaib

June 28, 2013 at 1:22 pm

Rob Portman, Strategy, and Politics of Character

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[Update: via Dan Nexon, check out this post on this issue by David Meyer, Coming Out and Opinion Change.]

This week, conservative Senator Rob Portman announced his support for marriage equality.  Portman reported that his experience with his own son was the catalyst for his change of position.

Marriage Equality Act vote in Albany NY on the evening of July 24, 2011 photographed by the Celebration Chapel of Kingston NY

The moment of the Marriage Equality Act vote at the capitol building in Albany NY June 24, 2011. In the balcony of the chambers. photographed by the Celebration Chapel of Kingston NY.

“I’m announcing today a change of heart on an issue that a lot of people feel strongly about,” Portman said. “It has to do with gay couples’ opportunity to marry. And during my career in the House and also last couple years here in the Senate, you know, I’ve taken a position against gay marriage, rooted in part in my faith and my faith tradition. And had a very personal experience, which is my son came to Jane, my wife, and I, told us that he was gay and that it was not a choice and that, you know he, that’s just part of who he is, and he’d been that way ever since he could remember.”

Portman said his son’s revelation led him to drop his opposition to same-sex marriage. “And that launched an interesting process for me, which was kind of rethinking my position,” he said. “You know, talking to my pastor and other religious leaders and going through a process of, at the end, changing my position on the issue. I now believe people ought to have the right to get married.”

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Written by David Kaib

March 18, 2013 at 6:32 pm

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