Posted by
TheChair on Tuesday, August 19, 2008 3:21:17 AM
Two other blogs covered well today's California Supreme Court decision requiring doctors to help same-sex couples get children. The state high Court equates garden-variety medical care with elective fertility treatment, and then pronounces same-sex access to the latter a "compelling state interest."
http://calmarriagedefense.blogspot.com/2008/08/cmd-exclusive-bill-duncan-of-marriage.html
http://walrus.blogtownhall.com/2008/08/18/you_must_help_them_get_children.thtml
Imagine what this kind of precedent will do to church-sponsored adoption enterprises. Or to whatever else someone may have a conscientious objection to. Do you want to understand the law after Lawrence v. Texas and the California Marriage Cases? Then just try this mad lib. "The state has a compelling interest in ensuring that same-sex couples have access to ____________ ." [Fill in the blank.] That is what this precedent will provide to insistent same-sex couples and their clever lawyers: legal Play-Dough. I have a gut feeling that the Court is going to shape it into all kinds of strange new fundamental rights and compelling state interests.