Tuesday, March 24, 2009

Harvard Law Review note on In re Marriage Cases

"State constitutional law - California Supreme Court declares prohibition of same-sex marriages unconstitutional," 122 Harvard L.Rev. 1557 (March 2009) [link not yet available]

"With the enactment of Proposition 8, both sides may discard the decision [In re Marriage Cases, 43 Cal.4th 757] as politically spent and therefore no longer meaningful. The legacy of the case, however, lies beyond its political functions. The decision sets a bold precedent in its extension of heightened scrutiny to sexual orientation and, in so doing, highlights the need for significant changes in the understanding of immutability and suspect classifications."

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