Now let's find an alternative fuel source that will make moving across the country relatively cost-effective! Honestly though just the knowledge that Lindsay and I could move to California, be near you and Alex and Jess, raise a family and be fully protected makes me feel a joy I cannot even put into words. It's nice to have another option and not feel totally exiled in Massachusetts.
Yes -- the finding that sexual orientation is a "suspect classification" compels California courts to apply "strict scrutiny" to laws that treat people differently on the basis of their sexual orientation, under the equal protection clause of the California Constitution.
This means that instead of requiring someone challenging a law discriminating on the basis of sexual orientation to prove that the disparate treatment bears no rational relationship to a legitimate state purpose, the burden is now shifted to the state, who must now prove that any differential treatment on the basis of sexual orientation is necessary to serve a compelling state interest. That's a high hurdle to clear.
Thanks for the confirmation. I was hoping you might respond since I trust your reading of this more than any other source :-)
I owe you an e-mail or call as I have been fairly quiet as of late. I'm wrapping up work soon so for a few months I am going to have an open schedule. Hope we can get together sometime soon!
Oh WOW. You're right, that raises it to a higher level of scrutiny that I can't remember the name for (if it even has a name). What that means is that sexual orientation, like gender, race, religion, is a "constitutionally suspect basis" meaning that in any case brought to the court claiming sexual orientation discrimination the burden of proof lies on the defendent - the person doing the discriminating - to prove that discrimination wasn't the case, rather than the plaintiff having to prove he or she was discriminated against, which has been and in many places still is the current case.
Wow, my years of studying constitutional law just came into play. I feel AWESOME!
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This means that instead of requiring someone challenging a law discriminating on the basis of sexual orientation to prove that the disparate treatment bears no rational relationship to a legitimate state purpose, the burden is now shifted to the state, who must now prove that any differential treatment on the basis of sexual orientation is necessary to serve a compelling state interest. That's a high hurdle to clear.
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I owe you an e-mail or call as I have been fairly quiet as of late. I'm wrapping up work soon so for a few months I am going to have an open schedule. Hope we can get together sometime soon!
-Robert
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Please do give me a shout when you have time. I look forward to seeing you again soon!
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Wow, my years of studying constitutional law just came into play. I feel AWESOME!
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