• 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, same-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

Posted by Seth Millstein • Permalink