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What you probably haven't done is read Perry v. Schwartzenegger (2010). The judgment laid the rational foundation of the SCOTUS decision in Hollingsworth v. Perry (2013), then Obergefell v. Hodges (2015).
Obergefell:KENNEDY delivered the opinion joined by GINSBURG, BREYER, SOTOMAYOR, and KAGAN.
ROBERTS, filed a dissent joined by SCALIA and THOMAS; SCALIA filed a dissenting dissent joined by THOMAS;
THOMAS filed a dissenting dissent joined by SCALIA;
ALITO filed a dissenting dissent joined by SCALIA and THOMAS.
KAVANAUGH and GORSUCH are NEW! swingers whose judicial competence is neither well nor rationally understood by the #MeToo "generation" of media consumers, retaining attys on contingency basis.
Among seven (7) purported defenses for Prop 8 were two particularly specious propositions, "traditional" gender and sexual intercourse ("orientation"), that were rejected by the courts. The ct's logic bears on their inapplicability to labor law, too, under the CRA and 14th Amd. Wherever you see the word "marriage" (below) insert the word "employment."
The evidence shows that the movement of marriage away from a gendered institution and toward an institution free from state-mandated gender roles reflects an evolution in the understanding of gender rather than a change in marriage. The evidence did not show any historical purpose for excluding same-sex couples from marriage, as states have never required spouses to have an ability or willingness to procreate in order to marry. FF 21. Rather, the exclusion exists as an artifact of a time when the genders were seen as having distinct roles in society and in marriage. That time has passed.
Proposition 8 targets gays and lesbians in a manner specific to their sexual orientation and, because of their relationship to one another, Proposition 8 targets them specifically due to sex. Having considered the evidence, the relationship between sex and sexual orientation and the fact that Proposition 8 eliminates a right only a gay man or a lesbian would exercise, the court determines that plaintiffs' equal protection claim is based on sexual orientation, but this claim is equivalent to a claim of discrimination based on sex.
Diversity is the key to economic and political evolution.
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