Wednesday, February 18, 2004

When is it OK to defy the law?

Hi-De-Ho Rene,

One of these days, my thoughts on the gay marriage debate will be cogent enough to grace this blog, but for now there’s an interesting side issue that’s intriguing me.

Monday, Instapundit mentioned comments from NRO's Rod Dreher, who pointed out the incongruity of people getting mad at Alabama Ex-Chief Justice Roy Moore for flaunting federal law (court order), when many of the same people are congratulating the San Francisco mayor for flaunting state law – and a state law that came about as a direct result of voter initiative, at that.

At first, I completely bought into the idea of apparent hypocrisy, but then I read Eugene Volokh, who makes a good case for how the facts of the situation make Mayor Newsom’s actions different. As you know, Volokh is a professor at UCLA Law School and a blogger in good libertarian/conservative standing. So now I'm less sure about the "good for the gander" argument.

I’d be interested in your take.

Later,
Kari

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