minor jive
05/15/2008
“ Today’s California Supreme Court decision is certainly momentous, and worthy of celebration, for obvious reasons. It will, I think, come to be seen as part of the grand tradition of that Court, as exemplified in its bold 1948 decision in Perez v. Sharp, which prompted numerous states to abandon their anti-miscegenation laws, eventually leading to Loving v. Virginia. But wholly apart from the particular holding on same-sex marriage — which is plenty important in and of itself — it strikes me that the most significant legal development in the Court’s decision is that it is (to my knowledge) the first time any state or federal court of last resort has held that discrimination on the basis of sexual orientation is suspect and thus subject to strict scrutiny under a constitutional equal protection clause. „
Marty Lederman at Balkinization
Quote posted at 21:10
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