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Notes -
That could have possibly been a response. Again, impossible to find my old comments from legal blogs back at that time, but I have a clear memory of writing a comment where I considered various possible grounds on which the Court could have ruled in favor of Obergefell. I concluded that the one that would have made the least hash out of the law would have been to just drop EPC and be done with it (this would have required a little bit of effort, because of the societal context, but could have been done relatively simply). But that's not what we got. We got a hash. And it's not surprising that we got a hash, because that's where the state of the discourse was at the time. It wasn't just a simple, clear-cut question without any deep philosophical import. It was absolutely considered to be deeply intertwined with these issues of sex, the nature of sexual behavior/orientation, identity, nature/nurture, and the purpose of marriage. I think the easiest and best evidence of this, if you simply disbelieve my recollection, is to read both the majority and dissenting opinions in Obergefell. In contrast, Loving was simple, to the point, and unanimous. The sole concurrence makes the reasoning even more simple and concrete - racial classifications are just bad, mkay.
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