Scott Lemieux

Scott Lemieux is an assistant professor of political science at the College of Saint Rose. He contributes to the blogs Lawyers, Guns, and Money and Vox Pop.

Recent Articles

SEPERATE AND UNEQUAL.

SEPERATE AND UNEQUAL. To follow up on my general concerns about federal rules intended to make single-sex education more common, Brad Plumer cites the details of the ACLU's suit against gender-based education in Louisiana, which persuasively cites evidence that this education reinforces gender sterotypes. More concerns expressed here and here . I also agree that it's important to make distinctions between K-12 and higher education here; unless the programs involved are very specialized (like VMI), having single-sex univiersities is much less likely to foreclose opportunities for women than single-sex high schools. --Scott Lemieux

IF YOU LIKE...

IF YOU LIKE THE WAR ON (SOME CLASSES OF PEOPLE WHO USE SOME) DRUGS, YOU'LL LOVE ABORTION CRIMINALIZATION. Jill Filipovic , while discussing the incredibly draconian new abortion ban set to be enacted in Nicaragua (which doesn't even have an exemption of the life of the mother), points us to data which reinforces a point that should be central to pro-choice discourse: abortion bans are failures even on their own terms . The Latin American nations which best reflect the combination of draconian bans, miserly social services, moralistic sex "education," and reactionary gender relations favored by most American pro-life groups also have very high abortion rates, much higher than those in most countries where abortion is not only legal but state-funded. Because affluent women have access to abortion even in regimes far more serious about enforcing bans than the United States ever was , and many women without the connections to get safe abortions will seek them on the black market, abortion...

PROCEDURE MASKING SUBSTANCE.

PROCEDURE MASKING SUBSTANCE. Tom Maguire objects to my suggestion that objections to the Supreme Court of New Jersey 's recent decision from (nominal) supporters of civil unions are, at bottom, substantive rather than procedural: My personal opinion is that gay marriage or civil unions is fine if enacted by the state legislature but wrong if crammed down by judicial fiat. How would pollsters, or Mr. Lemieux, score that? Surely I am not alone in believing that process counts. Maguire is, of course, correct that the fact that a majority of New Jersey's citizens support civil unions goes only to the questions of whether the decision is "countermajoritarian," and neither here not there in terms of the merits of the opinion. But he doesn't quote the passage where I actually address his point: I would be interested in a more robust explanation of why nominal supporters of gay marriage such as Eugene Volokh and Glenn Reynolds oppose these judicial decisions, which are based on a perfectly...

THE MAJORITARIAN DIFFICULTY.

THE MAJORITARIAN DIFFICULTY. Glenn Greenwald makes a very important point about yesterday's judicial decision in New Jersey: The decision today is entirely consistent with the democratic will of New Jersey residents. The New Jersey legislature already enacted a domestic partnership bill two years ago which recognizes, and grants a whole array of marital rights to, same-sex couples. But the way the laws were written, some rights were still assigned only to "married" couples. The court decision today simply requires that those same-sex partnerships have all of the rights which are given to married couples. But New Jersey voters, through their representatives, already approved of recognition of same-sex relationships two years ago. Those who see a major backlash from the judicial ruling seem to assume that such decisions are counter-majoritarian. But civil unions have majority support in the country, and in New Jersey civil unions are supported by an almost two-to-one margin . Whether...

THE COMING COUNTERMOBILIZATION ARGUMENT.

THE COMING COUNTERMOBILIZATION ARGUMENT. In the wake of the decision of the Supreme Court of New Jersey that same-sex couples are entitled to the same benefits as heterosexual married couples (although not necessarily under the rubric of "marriage"), we're bound to hear a lot of speculation about how this will affect the upcoming election (which I'm sure will be forgotten should the Democrats take the House and pick up seats in the Senate.) As I have previously explained here on TAP , I think the effect of these decisions is often overstated, and there's no evidence that it matters whether it's legislation of litigation that leads to the policy change. I also don't think that it matters a lot whether the courts call the equal civil rights required for same-sex couples "marriage." One thing Jack Balkin leaves out of his otherwise fine account is that while the Goodridge decision was an important issue in the 2004 elections in Massachusetts, the pro-gay marriage side won . There's no...

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