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16 May 2008 11:20 am
Why California Matters
Marty Lederman grasps its significance:
Wholly apart from the particular holding on same-sex marriage -- which
is plenty important in and of itself -- it strikes me that the most
significant legal development in the Court's decision is that it is (to
my knowledge) the first time any state or federal court of last resort
has held that discrimination on the basis of sexual orientation is
suspect and thus subject to strict scrutiny under a constitutional
equal protection clause.
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