Maggie Gallagher: Justice Kennedy Has Issued a ‘Fatwa’ On Marriage

You may or may not know that a fatwa is an Islamic legal ruling issued by an Islamic scholar. In an interview with National ReviewMaggie Gallagher is using the term to describe what Justice Kennedy has declared on America with SCOTUS’ decisions on DOMA and Prop 8:

KATHRYN JEAN LOPEZ: Are last week’s rulings on marriage as monumental, with the staying power, of Roe v. Wade?

MAGGIE GALLAGHER: What you are really asking is: Will we concede the legitimacy of Kennedy’s fatwa against us, or will we respond with a sustained opposition — legal, political, cultural, and of the moral imagination.

I don’t believe in inevitability, I believe in human freedom and our power to shape the future. So it depends on us. But certainly I believe,as I wrote in the Los Angeles Times, that the questions raised by marriage — deeply rooted in our conception of who we are as men and women, the meaning of sexuality and gender — cannot be put to rest by the power of five lawyers on however high a court.

The cultural struggle I predicted in “Banned in Boston” is clearly playing out. Will they succeed in persuading us to accept the second-class status Kennedy lays out for us?

Not me, what about you?

Gallagher says in the interview that the rulings are the ‘Roe vs. Wade’ of the LGBT rights movement. And given the ongoing limitations that legislatures are passing to limit women’s reproductive rights, one can expect the fight to continue.

But, Maggie – a ‘fatwa’?

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Writer, gay blogger, tech addict and news junkie, DanNation grew up in Maine and resides in San Francisco and Sacramento with husband Rich and canines Puki and Sydney. He is in Year 9 of writing his DanNation blog. Feel free to submit stories, story ideas, photos and other items you'd think would interest our readers! Email: