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 www.prop8decision.com.
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."
No comments:
Post a Comment