In both Romer and Lawrence, Kennedy stressed the mismatch between the (at least theoretical) onerousness of the means and the amorphous nature of the end (expressing disapprobation of homosexuality).

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The only plausible reason they have for denying the name marriage, the argument continues, is disapprobation of homosexuality, which the court rejected as a rational basis in both Romer and Lawrence.

WSJ: Best of the Web Today: Maybe Scalia Was Wrong

The universal use of the telephone will, of of course, be viewed with disapprobation by the sound-producing part of the community, just as the introduction of labor-saving machines was met by the hostility of the laboring classes.

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