The only rationale that the states put forth with any conviction-that same-sex couples and their children don't need marriage because same-sex couples can't produce children, intended or unintended-is so full of holes that it cannot be taken seriously.
Richard PosnerIf belief in the existence of God is predicted to lead to a feeling of contentment, and the prediction is fulfilled, does it follow that God exists? Surely not. All that would follow would be the desireability of the belief.
Richard PosnerI was an advocate of the deregulation movement and I made - along with a lot of other smart people - a fundamental mistake, which is that deregulation works fine in industries which do not pervade the economy. The financial industry undergirded the entire economy and if it is made riskier by deregulation and collapses in widespread bankruptcies as what happened in 2008, the entire economy freezes because it runs on credit.
Richard PosnerI do not know what has caused MacKinnon to become, and, more surprisingly, to remain, so obsessed with pornography, and so zealous for censorship. But let us not sacrifice our civil liberties on the altar of her obsession.
Richard PosnerIt is the censor's business to make a judgment about the propriety of the content or message of the proposed expressive activity. The regulation here does not authorize any judgment about the content of any speeches. ... A park is a limited space, and to allow unregulated access to all comers could easily reduce rather than enlarge the park's utility as a forum for speech. Just imagine two rallies held at the same time in the same park area using public-address systems that drowned out each other's speakers.
Richard PosnerThe confidentiality of the judicial process would not matter greatly to an understanding and evaluation of the legal system if the consequences of judicial behavior could be readily determined. If you can determine the ripeness of a cantaloupe by squeezing or smelling it, you don't have to worry about the produce clerk's mental processes.
Richard Posner