Group of Law Professors Says Preventing Same Sex Marriage Would Entail the Nothwithstanding ClauseThe Globe and Mail has the articel here. The letter can be found here.
I find the this particle press release rather amusing as I opined the other day "do the Liberals think they have a crystal ball to discern the courts rulings into the future?"
Evidently a number of law professors think that aside from filing statements of claim, they've also developed the ability to scry. I await further announcements regarding what magical powers law professors claim to possess, given that their ability to predict the future is newfound.
For the most part what's simply occured is a number of partisan "charter party" academics have signed their name to a document stating that because they've deemed something to be trendy it must be a right. Furthermore, the courts must automatically agree with them.
The notion that government legislation which makes specific provision for the benifets of same sex couples, should be treated exactly the same as a common law definition is questionable. It certainly shouldn't entail a knee jerk reaction from the academy. However, as I have alluded too, universities aren't exactly known for their "fair and balanced" coverage of social policy.
I supose it gives me some comfort that only two professors from my school signed the letter. Given that the two who did are a criminal lawyer, and a health law specialist I'm not particularly sure why I should find either of their opinions particularly persuasive. Neither of them are constitutional experts. I will howerver, inquire as to the opinion of an actual constitutional expert on the subject.