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May 15, 2008

California Supreme Court Decision--A Huge Victory for Same Sex Marriage Advocates

The California Supreme Court TODAY holds that denying MARRIAGE rights to same sex couples violates the California Constitution on the basis of Due Process & Equal Protection.

The court explains that the marriage statutes must be subjected to strict scrutiny on two bases:  (1) because they impinge on a the fundamental right to marriage; and (2) because sexual orientation is a suspect class.  The second reason, that sexual orientation is a suspect class, is a very significant point, as there are very few courts that have recognized sexual orientation as a suspect classification (and the Supreme Court has not done so when interpreting the U.S. Constitution, either).

More to come...

May 15, 2008 in Family Law | Permalink

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