Wednesday, May 20, 2009

Prop 8 Decision to Come Down Tomorrow? Here’s What to Look For.

05/19/09 WordinEdgewise:

John G. Culhane, a law professor at Widener University, identifies several questions the California Supreme Court may answer when it issues its ruling on Prop. 8. One question concerns the Court's finding that gays, as a "suspect class," require heightened protection when the Court reviews claims of unconstitutional discrimination based on sexual orientation. If, as expected, the Court upholds Prop. 8, then that standard of review - for all suspect classes in state constitutional cases - remains captive to the whims of a marginal majority of voters who adopt an initiative constitutional amendment limiting or proscribing rights that, under this standard, the Court had found fundamental.

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