Thursday, January 22, 2009

On Prop8

So the fight against Prop8 continues, not only through grassroots protests, but also in the courts. 6 couples are filing suit in Cali, claiming that Prop8 is invalid, because it denies a fundamental right to only a particular group of citizens. Apparently, a whole pile of law experts (SERIOUSLY respected people) have filed "friend of the court" briefs stating their agreement that Prop8 is invalid (or at the very least would have had to be approved through a different process).

And this is why I finally understand what the Chief Justice George was saying about his ruling last May. While it was huge that the court ruled in favour of allowing gay marriage, and established marriage as a fundamental right, it also deemed queers to be a suspect class (and, thus, a group that can be identified and discriminated against). I think that will have an important sway on the decision about Prop8's validity; if gays aren't recognized as an actual class of people, they can't be discriminated against under Cali's Equal Protection clause.

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