A Prop 8 challenge for swankers

[Morrigoon]

Originally Posted by Chernabog

One would hope that an amendment which takes away a Constitutionally-granted fundamental right of a minority (which normally must be looked at per the In Re Marriage cases under the strict scrutiny standard) would constitute a "revision".

Again... I need to review the case law and see what sorts of examples are out there, because I don't usually delve into that area.

There is case law to support that marriage is a fundamental right protected under "life, liberty and pursuit of happiness". I don't remember the case name but it had to do with prisoners.

There is case law to support that protections afforded to racial, religious, and gender minorities is to also be applied to sexual orientation. Again, I no longer have a record of the case name. Although this I'm sure you can find easily.

Then of course there's Loving vs. Virginia, which nullified anti-miscegenation laws (eg: legalized interracial marriage)

And Brown vs. Board of Education, which we all know establishes that separate is not equal.

Dang, I used 5 cases in the paper I wrote, can't remember what the 5th case was for, probably a weaker supporting argument. Of all the things I wish I hadn't thrown out from college, its the physical copy of this paper I miss the most (since the digital was lost in a hard drive crash)