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Deeply Rooted Principles Of Equal Liberty, Not 'Argle Bargle': The Inevitability Of Marriage Equality After Windsor, Nancy C. Marcus
Deeply Rooted Principles Of Equal Liberty, Not 'Argle Bargle': The Inevitability Of Marriage Equality After Windsor, Nancy C. Marcus
Nancy C Marcus
"‘Argle Bargle,’ or Deeply-Rooted Principles of Equal Liberty? The Inevitability of Marriage Equality after Windsor" is an article that analyzes United States v. Windsor, the recent Supreme Court same-sex marriage opinion striking down Section 3 of the Defense of Marriage Act. Although Justice Scalia’s dissent in Windsor dismisses the majority opinion, authored by Justice Kennedy, as legalistic argle bargle, this article explains that the Windsor majority opinion is, rather, a principled decision reflecting an evolved understanding of fundamental constitutional values. The article explains why the majority opinion should not be understood as one with a federalist holding that reserves to …