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I think I need to go to law school....

So I've posted before and yes I have a Constitution here in my cubicle at work.

But this seems to be pretty clear even if Prop 8 passes it should be overturned.

I Introduce to you the 14th amendment of the United States of America (including Alaska). Full text here.

Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Comments

paladincub21
Oct. 8th, 2008 11:30 pm (UTC)
like others have said, there is an argument against your interpretation: bans on gay marriage do not treat people differently. Gay men can marry. They can marry women. The ban does not change that.

It comes down to how the court chooses to examine, using rational basis test or the other looser one, whose name is somewhere in my memory.

The real import of the anti-sodomy decision a few years ago was that though most of the majority used the right to privacy defense, one judge agreed based on equal protection. Although her argument meant that the govt could outlaw sodomy, but only if they outlawed it for gay and straight couples. The texas law treated straight and gay couples differently and that was unconstitutional. If you see gay couples as a seperate group.

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