Thursday, May 22, 2008

Gay Marriage Rights and why Flo is one lucky bitch to be moving to Berkeley

Sexual orientation is now a "suspect classification" under the the California equal protection clause as decided by the In Re Marriage Cases providing marriage rights to all people -heterosexual or homosexual. Which means that it will be subject to the highest level of scrutiny - strict scrutiny!!!! At a time when the Supreme Court only recognizes race, religion, and national origin as suspect classifications - this is a huge deal. It may still take a while to even consider sex orientation as a suspect classification under federal law because of the strict characteristics of such a classification. Suspect groups must have "immutable" characteristics, share a history of discrimination, and be a politically impotent and insular minority. These requirements are so strident that not even "sex" has been placed alongside race, religion, and national origin -instead it is left to wander alone in the purgatory that is "intermediate scrutiny", not really strict scrutiny and not really rational basis.
Oh well - this is still a huge step for gay rights and a fantastic new application of equal protection rights. Flo, I know that moving is sad, but at least you can have the satisfaction of knowing that your new state is number 1 on human rights - unlike any satisfaction you would have gotten if you had gone to Texas instead!

3 comments:

Gordo Gonzales said...

excellent.

Rosa said...

why am i the one going to law school instead of you? i didn't understand half the words in this post...

although, like strangepear, i ultimately concur: excellent.

Inna said...

Um yeah. Immutable! Yes.!

Whats immutable?

And whats wrong with Texas?