If this case winds up in the Supreme Court it will be interesting to see how the Court resolves the tension with the Michael M. decision, which held that subjecting men, but not women, to criminal liability for underage sex does not violate the Equal Protection clause because, essentially, men don’t get pregnant. Bonus points to the reader who first spots a law review article arguing that Equal Protection permits treating homosexual activity more favorably than heterosexual activity, but not the reverse, because there’s no pregnancy risk . . . .
InstaPundit is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon.com.