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View Diary: BREAKING: Prop 8 Unconstitutional Says Ninth Circuit Court of Appeals. Updates. (201 comments)

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  •  That would be a long shot (2+ / 0-)
    Recommended by:
    cooper888, jpmassar

    for the reasons you say. They'l wait for DOMA to wend its way through, since that would implicate a whole other set of issues about states recognizing contracts etc from other states. If they did take up the wider Equal Protection issues of whether sexual orientation is the basis for suspect classification, they could easily uphold existing law and say that it isn't. HOwever, since that isn't the basis for the opinion coming up from below, ruling on that would be dicta that doesn't help resolve the legal questions presented to them. Admittedly this court seems wildly prone to running amok beyond the bounds of the facts, so god ony knows what they *could * do (they might rule in this case that ONLY corporations can contribute to campaigns for all I know), but if they have any respect for legal practice I doubt they'd go so far. I could be surprised though.

    •  This suspect classification issue is where the (1+ / 0-)
      Recommended by:

      previously frustrating to many here DADT dance may have a dividend, since that is a case in which it did become suspect and was in fact trashed. And Witt is still good law in the 9th.

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