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Author: albaby1 Big gold star, 5000 posts Top Favorite Fools Feste Award Nominee! Old School Fool Add to my Favorite Fools Ignore this person (you won't see their posts anymore) Number: of 1998274  
Subject: Re: Scalia the Sophist Date: 12/13/2012 12:52 PM
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Then why bring "murder" (and all the emotional "sinful" and otherwise religious connotations the word carries including the Ten Commandment prohibition) into the conversation? Why not "jaywalking"?

Why not a more relevant analogy like the laws against miscegenation?

Because he's not trying to make an analogy between marriage and murder. He's making the argument that the legal reasoning has important repurcussions in areas of the law that are enormously important and wholly unrelated to marriage or sex. You don't illustrate that by pointing to jaywalking or laws that were struck down decades ago - you point to laws that everyone will think are the height of absurdity if they were to get struck down. That's why this is an exercise reductio ad absurdum - the doctrine he specifically mentioned to the student in the exchange in the OP.

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