Donaldson v. State

¶42 I dissent from the Court’s Opinion, and concur with virtually all of Justice Nelson’s well-written and comprehensive Dissent. I write separately to state that I would not liken the Court’s approach here to cases sanctioning slavery and racial segregation. Dissent, ¶ 51. Moreover, I do not agree that the Court is taking the approach it has adopted “to avoid a socially divisive issue.” Dissent, ¶ 74. Although I disagree with the Court’s analysis and resolution, I do not believe it is acting in bad faith.

¶43 Second, I decline to join the bulk of Part V of the Dissent, which challenges the…