All government recognized marriages should be unconstitutional by the 13th amendment

In the near term, the question about same sex marriages seems to be centered on the equal protection clause of the 14th amendment. Eventually, I believe the supreme court will need to address a 13th amendment question about marriages in general. Does state recognition of marriage as providing special autonomy to individuals shielded from state interference violate the 13th amendment’s prohibitions against slavery and (implicitly) indentured servitude? While religious recognition of marriage is legitimate and may vary, the state may be justified in not recognizing any marriages so that it will continue to be able to protect against abusive labor arrangements. The equal protections of the 14th amendment applies also to the prohibitions of slavery of the 13th amendment. Taken together, the two amendments should prohibit that states from offering any special recognition and privileges to marriages that are not also available to more routine corporate charters.


Thoughts on New Horizons to Pluto

The New Horizons is a probe on its way to Pluto due to arrive about a year from now.   The launch was 8 years ago and with only modest publicity.   Given its current location and status, there isn’t much reason to pay attention to it.    It has my attention, for some reason.…

Labor Intensity, big data vs law

One recurring theme of my questioning of practices with big data is the lack of provisioning for human labor to routinely scrutinize the data, not just for operational problems but also for problems of underlying assumptions being or becoming invalid.    I call this scrutiny data science and taking the science seriously in the same…