The court had recognized such marriages in May, and about 20,000 same-sex
couples wed before the November vote. Those marriages may now hang in the
balance. Connecticut and Massachusetts are the only states that allow gay
marriage.Legal scholars say the measure, which defines marriage as between a
man and a woman, breaks new ground by limiting the courts' ability to protect
minorities."They could take away any right from any group," said University
of Southern California Law Professor David Cruz, who filed a brief in favor of
gay marriage in an earlier case.
Oh, they could, could they? But wouldn't this have to violate some other precedent in order for anybody to give a shit? I mean, we're talking about h0m0s here, ok? Oh wait, there's that equal protection thing that should protect constitutions from enacting No Homo policies! What about that?
"The entire purpose behind the constitutional principle of equal protection
would be subverted if the constitutional protection of unpopular minorities were
subject to simple majority rule," read a brief by black, Asian and Hispanic
groups challenging the ban. "This case is not simply about gay and lesbian
equality."
"The history of California demonstrates with sobering clarity the potential
for disfavored minorities to be subjected to oppression by hostile majorities,"
the minority groups say in their brief, pointing to segregation laws and one
excluding Asian-Americans from land ownership as examples. [reuters]
Gah, it's like when you know how a movie is going to end (with an anti-climactic guy-on-guy wedding), but the writers insist on wasting your time with stupid courtroom scenes and heavy-handed references to segregation and prison camps for Asian people. GET TO THE MARRIAGE ALREADY! Some of us have cats to feed!
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