From the opinion:
...we conclude that strict scrutiny nonetheless is applicable here because (1) the statutes in question properly must be understood as classifying or discriminating on the basis of sexual orientation, a characteristic that we conclude represents — like gender, race, and religion —a constitutionally suspect basis upon which to impose differential treatment, and (2) the differential treatment at issue impinges upon a same-sex couple’s fundamental interest in having their family relationship accorded the same respect and dignity enjoyed by an opposite-sex couple.
Is this the first time sexual orientation has been to Strict Scrutiny Land?
happy birthday Megan!
happy zmAnniversary JZ & David!
My afternoon sweet carb is a chocolate cupcake w/ toasted almond buttercream from Cake Love. I love this part of "training."
The first I know of, Wolfram. And I'll add that the Federal courts only subject gender to an intermediate level of scrutiny -- so CA seems to go further there, too.
Sadly, I think the chances of it being overturned by constitutional amendment are not small.
I just inserted a surprise silly extra slide into the ppt for tomorrow's status meeting (which I am not running, mind you.)
It is possible I am punchy.
You're right, Wolfram, I just got to that part of the opinion now and it was not based on a prior finding that sexual orientation is a suspect classification. I was wrong up above.
Sadly, I think the chances of it being overturned by constitutional amendment are not small.
Though Ah-nold has promised not to support any attempt to overturn it... I'm hoping to God that active disdain from the head Republican in the state will at least slightly weaken the push to overturn within the state.
If it is overturned, will it be the same as would have happened if the MA decision had been overturned by amendment? No new marriages, but at least the ones that had been performed would be permanently valid forever and ever?
Ugh. Those stupid assholes and their stupid horrible petitions for their hateful ballot measure. As someone who's both religious and deeply lefty, I foresee the composition of many, many crisply angry letters to editors and bishops in my immediate future. No hope of drowning out the hateful voices, but maybe I can at least prove that theirs aren't the only voices.
ION, John Kerry responds to Bush's latest bloviations. I swear, damn the official '04 results, that man is president of my heart.
I know we talked about the fetish map awhile ago... it this it? or is this a more advanced version? [link]
Huh. There is a "wet look" fetish - could ita be the popularizer of that?
