I apologize if I was not sufficiently clear, but I do not consider advocacy
for homosexual marriage to be anti-libertarian. As I said (I'll leave my
previous post set out below) homosexual marriage is a "special case" because
it's just a matter of the government needing to draw a line somewhere
The problem with arguments from analogy is that one first has to establish
that the analogy one has employed is the most appropriate. Those of us who
advocate against recognition of protected status for homosexuality would
want to analogize it to something that is not protected; those of us who
Mindful of Eugene's admonitions, let me suggest that there is a fundamental
jurisprudential problem lurking behind all of this passionate discourse on a difficult
and contentious subject.
The problem has to do with, for want of a better term, "baseline" or perspective or
point of view. If we t
I want to take this occasion publicly to thank Eugene for his calm,
levelheaded responses. I am not sure that I deserve it, even though I
hit the wrong button, but I want to thank Eugene.
-Original Message-
From: Volokh, Eugene [mailto:[EMAIL PROTECTED]
Sent: Monday, April 12, 2004 8:04
I will have to mull over Alan's response as well as the others. I guess that as I have encountered issues or as issues have emerged or changed in society, I have missed having the fine minds of my law professors around to "chew over" my ruminations.
Regarding what Alan said regarding defining a
April 12, 2004
To the List
Dear Gene,
I am
teaching a new "the Constitution and religion" seminar at Texas
this semester and have discovered it is next to impossible to keep
students from proving to each other that there is or is not an
intelligent design, a supreme being, an afterlife, et
I will be out of the office until April 14, 2004, and will not be checking email
regularly while I am away. If you need assistance prior to my return, please contact:
Kara Stein at [EMAIL PROTECTED] or (212) 891-6742.
___
To post, send message to [
The offices of the American Jewish Committee will be closed on Monday, April 12, and
Tuesday, April 13, in observance of the concluding days of the Passover holiday. I
will not have access to e-mail on those days.
___
To post, send message to [EMAIL
In thinking and teaching about these issues I find it useful to develop
analogies. One of the most useful analogies I employ is that between sexual
orientation and religion, gay people and religious minorities, and rights
of intimate association and free exercise rights.
Employing that techniqu
At 10:03 AM 4/12/04 -0600, you wrote:
I can't speak for Prof. Duncan or
anyone else, but my major problem with homosexuality is not the conduct
itself (which I consider far less objectionable than many other things
more rampant in society), but that I am being required by society in
general and th
I don't think Prof. Patterson needs to be spanked, because I'd like to
respond to Prof. Patterson's previous question ('why do conservatives seem
to object to homosexuality more strongly than other conduct they consider
immoral?') in an on-topic way.
I can't speak for Prof. Duncan or anyone els
Considering my hand "spanked." I can only plead being deprived of conversations with law professors.
"Broader moral or religious questions, such as whether homosexuality is morally proper, how religious people should react to it, and so on are *not* on-topic. Naturally they're related to the lis
Folks: I don't think I need to go further into the need to keep posts on the list as
polite and substantive as possible -- and to think twice before hitting "enter," both
to look again over the substance of the message, and to make sure it's being sent to
the right place.
Let me remind people
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