Friday, November 18, 2011

Equal Protection Isn't Equal Protection Unless It Equally Protects

Commentary on the decision of the California Supreme Court to grant legal standing to the proponents of Proposition 8 to appeal the 2010 judgment invalidating it.

What is at stake in the Proposition 8 challenge is not just the future of marriage for some Californians but the history of fundamental values for all Americans.

Are we a nation conceived in liberty and dedicated to the proposition that all -- not just some -- are created equal? Do we believe that equal protection isn't equal protection unless it equally protects all Americans? And is it fundamentally unconstitutional to put the fundamental rights of American citizens up to a "majority rules" vote?

Read the rest here

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