March 15, 2005

EUGENE VOLOKH -- PHYLLIS SCHLAFLY WAS RIGHT. With only the common sense of a kid I thought at the time that Schlafly was right -- the great skill kids have is to see straight through the hypocrisy and dishonesty of most adults. Bright kids also have an ability for mathematically precise and enviably uncluttered logical reasoning -- they don't get bogged down in the heavy baggage of the BS and carnards which overwhelm the thinking of most adults. To a kid it was very clear what the ERA meant and what it logically entailed. Adults other than Phillis Schafly were brown up to their eyeballs in delusional "progressive" happy-talk about what the ramifications of the "Equal Rights Amendment" might be. I guess you had to be a kid -- or a "conservative wingnut" -- to see through the self-delusions of all the "right-thinking" robots in the adult population of the 1970s. Quotable:
it now looks like the "hysterical" "emotional scare tactic" "canards" may well have been quite reasonable predictions: It looks like courts are indeed treating opposite-sex-only marriage rules as involving sex classifications, and as thus being presumptively unconstitutional. Had the ERA been enacted at the federal level, it would have further raised the bar against sex classifications, and thus made decisions like the California and Massachusetts one more likely.
UPDATE: Phyllis Schlafly, "Supreme Court 5 runs roughshod over will of the people." Posted by Greg Ransom