Mansfield Fox

Law student. Yankees fan. Massive fraggle. Just living the American dream.

Friday, November 21, 2003

A HYPOTHETICAL OF MINE OWN Yesterday Jacob Levy of the Volokh Conspiracy posed as a hypothetical question: Would a state law denying marriage to infertile heterosexual couples be constitutional? He's gotten some good responses, and I'm not sure I have anything insightful to add. But I will pose a hypothetical of my own: would it be constitutional for a state to abolish civil marriage altogether, for all groups?