Some important nuance regarding Proposition 8

shortformblog:

A quick note about today’s prop 8 ruling: While the court did rule in favor of gay marriage, the court did not assert that gay marriage is a fundamental or constitutional right. That’s not the angle the court was coming from, and in fact, it intentionally deferred answering that question. Rather, the ruling rested on two assertions. One, the notion that US Constitution requires a “legitimate reason” for states to pass laws that treat “different classes of people differently.” Two, the fact that “under California statutory law, some-sex couples had all the rights of opposite-sex couples, regardless of their marital status.” Because of this fact, Proposition 8 serves only and exclusively to “lessen the status and human dignity of gays and lesbians in California.” The court ruled that this isn’t “legitimate reason,” and therefore, is unconstitutional. As we’ll explain later, this nuance has significant implications for future court rulings. source

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“some-sex couples”

∞Posted on February 7, 2012

Reblogged from: ShortFormBlog

Source: shortformblog

Notes: 65 notes

Notes

  1. anindiscriminatecollection reblogged this from femmenoire
  2. snarkylensreport reblogged this from shortformblog
  3. sarahpalish reblogged this from shortformblog
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  9. ashker reblogged this from shortformblog
  10. timovdrow reblogged this from shortformblog
  11. jhermann reblogged this from shortformblog and added:
    “some-sex couples”
  12. pantslessprogressive said: Typo alert- “some-sex” rather than same
  13. rhetoricandtreason reblogged this from shortformblog
  14. athinkinganimal said: I agree. People were saying they want this case to go to SCOTUS, but I was thinking, no you really dont, especially not with the Roberts court making the decision.
  15. femmenoire reblogged this from athinkinganimal
  16. athinkinganimal reblogged this from shortformblog and added:
    Exactly, this opinion...about whether there...legitmate...
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  23. alsson reblogged this from shortformblog and added:
    sounds eminently reasonable.
  24. lairiel reblogged this from shortformblog
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