Monday, March 14, 2005

Prophet Phyllis

Eugene Volokh acknowledges Phyllis Schlafly's homosexual marriage predictions vis-a-vis the ERA were not "scare tactics":

But the California decision -- and the Massachusetts decision, and a similar Hawaii decision that has since been reversed by the Hawaii voters -- shows us that we shouldn't lightly dismiss plausible, facially valid textual arguments (the text bars discrimination based on sex, and the marriage laws do treat people differently based on their sex) as "canards," "scare tactics," or "hysteric[s]." The anti-ERA forces, much as I probably disagree with most of them on many things, have proved prescient.

Another reason why we need the Governator to stay and appoint originalists to California's High Court.