11-01-2008, 05:34 PM | #31 |
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See above, I just did exactly that. :-)
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11-01-2008, 05:35 PM | #32 | |
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I will admit that I am not really up to date on the legal issues here, just asking a quesiton.
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11-01-2008, 05:40 PM | #33 |
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UD, I was under the impression that sexual orientation is quasi-suspect, hence laws that prohibit discrimination based on sexual orientation.
Is this off base?
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11-01-2008, 05:41 PM | #34 | |
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11-01-2008, 05:42 PM | #35 |
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It has been a while since I was in law school so you could be right. But the laws are just laws. They are giving more rights not taking them away. You would need to be talking about a law that did discriminate and was struck for that reason. If that has happened in the context of the federal constitution it is news to me. I may have to check now, I am getting curious.
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11-01-2008, 05:51 PM | #36 |
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O'Connor's concurrence in Lawrence v. Texas stated that sexual orientation would be held to rational scrutiny in the context of marriage. Scalia's dissent argued that gender restrictions would ultimately fail even under the rational basis test due to the majority holding.
Whether or not P8 fails, the SCOTUS will have to address this matter at some point and it will likely hinge on whether the Full Faith and Credit Clause protects SSM. The 1996 DOMA explicitly states that it doesn't so that will be the main challenge point. |
11-01-2008, 05:52 PM | #37 |
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Okay its coming back. Romer v. Evans, 517 U.S. 620 (1996) applied a rational basis test and found there was none for a CO constitutional amendment that repealed state and local laws forbidding discrimination on the basis of sexual orientation. That still seems to be the seminal case from my quick search.
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11-01-2008, 05:52 PM | #38 | |
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11-01-2008, 05:55 PM | #39 | |
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Ah yes, that's right. Thanks for reminding us.
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11-01-2008, 09:26 PM | #40 |
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Actually, it likely comes down to what Justice Kennedy would do.
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