Wednesday, August 4, 2010

BREAKING: Prop8 decision to be released Weds

From Prop8trialtracker, the Prop8 decision will be released tomorrow, Weds Aug 4.

I will update here. Also there will be responses in the community; for sites near you look at

Remember: regardless of the decision, it will be appealed. This is one stage in the journey, but it is a critical one.

UpdateChris Geidner has an excellent FAQ discussing the legal issues here. As I understand it, the Big Questions are as follows:

1. Equal protection argument. Are gays and lesbians a minority that qualifies as a "suspect class"?
  • If so, then any law disadvantaging us must substantially serve an important government interest. If not, then any law must only meet a "rational basis" test: a much lower standard, but still one that Prop8 fails to meet.

2. Due process argument. Is marriage a fundamental right?
  • The bad guys argue that gays are "redefining" marriage which must be man-woman. The good guys argue that (as Ted Olson argued) "it isn't changing the institution of marriage. It is correcting a restriction based upon sex and sexual orientation."

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