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: Nuts & Boalts

Prop 8 Re-Redux

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By now we all know that the California Supreme Court has ruled that Proposition 8 is constitutional, but that existing same-sex marriages shall stand. It was probably the correct legal decision, though not the correct moral one.

I'm posting to share this link: Today, Ted Olson and David Boies filed a federal equal protection claim challenging the validity of Proposition 8. While sexual orientation is not a federally recognized suspect class, it is recognized in California, and that appears to be the thrust of today's federal claim.

Whether this marks the beginning of a sea change in equal protection jurisprudence obviously remains to be seen. But if so, you heard it here first.

Full post as published by Nuts & Boalts on May 28, 2009 (boomark / email).

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