Rosenberg resumed her remarks by arguing that rational basis--the "model of judicial restraint"--is the appropriate standard in this case.
Justice Borden, who had a similar dialogue with Ben, asked Rosenberg how she would balance between the Glucksberg cautionary tale (against overly broad definitions of marriage) and Lawrence's cautionary tale (against overly narrow defnitions of marriage).
Rosenberg responded that this case will change the definition of marriage in a radically different way than either of those cases.
Borden led Rosenberg to a discussion of the idea that, even in Goodridge, Justice Marshall acknowledged that the Massachusetts Supreme Judicial Court acknowledged that it was, in fact, changing the defnition of marriage.
Post a Comment