University of Minnesota law professor Dale Carpenter is guest blogging at The Volokh Conspiracy on the question of same-sex marriage. Dale is arguing the case for gay marriage from a traditionalist perspective. His first substantive post is here.
I share his view that “gay-marriage advocates have the burden of proof in this debate.” The burden always rests with the affirmative proposition. This is one reason why I believe same-sex marriage must come slowly by way of democratic process and not suddenly by way of judicial fiat. The redefinition of society’s most important social institution is a big deal; the rigorous but unhurried demands of democracy will guarantee that gay marriage advocates meet their burden.
Again, Dale is not making a rights-based argument: “Lots of people spend lots of time arguing about this; indeed, rights-talk has monopolized the debate. The traditionalist case is consequential and moral, not legal.”
I think you’ll enjoy his posts.
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