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The Chief Justice's Heartless Gay Marriage Dissent

By Richard Posner, Slate - June 28, 2015

It was no surprise that the Supreme Court held Friday that there is a constitutional right to same-sex marriage. It is very difficult to distinguish the case from Loving v. Virginia, which in 1967 invalidated state laws forbidding miscegenation. There was, as an economist would say, a “demand” (though rather limited) for biracial marriage, and it was difficult, to say the least, to comprehend why such marriages should be prohibited.

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