Saturday, June 7, 2014

Wisconsin Judge Crabb to Defenders of Traditional Marriage: You Do Understand That Polygamy Is the Tradition You're Defending, Right?

Federal Judge Barbara Crabb in her ruling yesterday (pdf file) striking down the Wisconsin ban on same-sex marriage:

As an initial matter, defendants and amici have overstated their argument. Throughout history, the most "traditional" form of marriage has not been between one man and one woman, but between one man and multiple women, which presumably is not a tradition that defendants and amici would like to continue.

As Ryan J. Reilly notes, Judge Crabb also pointed out that the argument from tradition (as with Supreme Court Justice Antonin Scalia's assertion that "'preserving the traditional institution of marriage' is just a kinder way of describing the State's moral disapproval of same-sex couples," which Crabb cited) was long used to deny women the right to vote. 

There's tradition. And then there's tradition. And wouldn't it be nice if apologists for the venerable old tradition of courtly male protection of helpless little women like Ross Douthat and those who defend him took a second look at that distinction through the eyes of those who aren't placed on top of the heap by the nice old traditions, for a change?

The photo of Judge Crabb is from the Judgepedia website.

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