Wednesday, August 4, 2010

SCOTUS Docketwatch - Perry v. Schwarzegger Pt. 2

Greetings friends, I have finally managed to track down a copy of the decision that I can post online:
Prop 8 Ruling FINAL

Its 138 pages, so enjoy.


  1. Really don't know that much about the legal opinion, but I LOVED this on page 135:
    Proposition 8 fails to advance any rational basis in singling out gay men and lesbians for denial of a marriage license.

    Yeah, just about.

  2. I liked the part where one of the defendants (California's attorney general) admitted that the law was unconstitutional (page 3), and the plaintiffs moved that he be re-aligned as a plaintiff (page 4).

  3. This is an interesting opinion. The court traditionally sets different tests/ levels of scrutiny based on different types of cases against the Equal Protection Clause; i.e. rational basis scrutiny, strict scrutiny, etc.