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Privacy vs. Equality in the Supreme Court

Photo by majunznk

There is a lesson in the past fifty years of litigation. When the fight for equal rights for women narrowed to a fight for reproductive rights, defended on the ground of privacy, it weakened. But when the fight for gay rights became a fight for same-sex marriage, asserted on the ground of equality, it got stronger and stronger.

Jill Lepore, in The New Yorker, on the privacy arguments that defined reproductive rights battles in the Supreme Court, versus the equality fight for gay marriage.

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