Does a theory of the good belong in the constitution?

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1 Response

  1. Joe says:

    “we can all accept the principle that law must treat each of us with equal respect”

    It doesn’t seem that “we all” wish to treat same sex couples with equal respect and/or some think that we are, but that entails accepting singling out gays and lesbians because of legitimate state interests.

    I also think we have a “right to marry” and if so it must have some “substantive” content. Either way, equal protection does address if such and such a classification is legitimate because it furthers a state interest that “contributes to human flourishing,” one way to phrase it.

    So, though I understand the desire to decide this narrowly, I’m not sure how far this takes us.