Saturday, January 30, 2010

More Prop 8 Case Analysis

Eskridge and Spedale have a nice analysis of the respective positions of the sides on the Prop 8 case. It boils down to whether the state has a rational basis for denying a portion of the population equal protection under the law. Just because the majority has sufficient prejudice to pass a constitutional amendment isn't sufficient. The US Constitution's equal protection clause trumps and the amendment can be ruled unconstitutional.

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