Quote:
Originally Posted by TripletDaddy
I am not sure how it stands up to scrutiny, since on its face, it appears to be a basic denial of equal treatment. Also, is there enough data to demonstrate a compelling public interest to prevent gays from marriage? There may be, but I'd like to see it.
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IIRC, the issue will be whether there is a "rational basis" for the classification made, though it will surely be argued that it should get "strict scrutiny" (as with race based classifications) or the middle-level scrutiny that gender classifications get.
Rational basis is a low bar and the Court would have to find that there is none, that it is totally arbitrary. Whether you think on a moral level whether there are rational reasons to make the classification will answer the question. I bet this has come up before now but I'm too lazy to do a Lexis search.