No, I’m pretty sure he just doesn’t like it because it’s the de facto conservative position to dislike it. More specifically, liberals want it, so he’s agin it.
If you’re talking about Loving vs Virgina, then yea. However the second quote in the OP shows the judge was basing his opinion on a perceived inherent equality. Even outside protected classes. Which seems to show to me a right to equal treatment under the law.
To put this in perspective, imagine a law saying natural blonds couldn’t marry other natural blonds, because they’re icky. Blond isn’t a race, but I’d hope a law would run into some “wtf people, that’s some god damn bullshit. blonds are people too” type problems in the court.
Anti-SSM laws are no different than the blond law.
Not to get law-geeky here, but I say that because it’s a perfect example: blonds are not a protected class (ignoring the correlation between hair color and race for illustrative purposes). So a law burdening only blonds would be reviewed under the rational basis test, NOT the strict scrutiny test. In other words, in analyzing the blond law, the court would NOT ask, “Is there a compelling government interest?” That’s not a part of rational basis analysis.
In my view, the correct answer here is to conclude that sexual orientation is like gender, and thus deserves intermediate scrutiny.
Am I the only one who thinks this is an instance of “read again for comprehension”?
Doesn’t the title say (if it applies to you) your mother is a whore & you fuck goats?
This is one of the parts of constitutional jurisprudence that I hate the most–in my view, the entire concept of levels of scrutiny was invented out of whole cloth to turn “equal protection” into “no, no, we still hate and fear YOU, so equal protection magically doesn’t apply”.
Heard about the ruling last night and was filed with glee. Proving yet again that it’s our judicial system, not the military, that’s hard at work defending our freedom.
Sometimes, I get really proud of my country. Even when it’s just 'cause the system worked right to start undoing something we fucked up.