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View Diary: Why was Prop. 8 Unconstitutional? - Brainstorm! (88 comments)

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  •  Differences betwen Cali and U.S. (2+ / 0-)
    Recommended by:
    Seneca Doane, Buster CT1K

    Under the United States Constition as it has been interpreted by the U.S. Supreme Court, sex discrimination is examined under an intermediate level of scrutiny.     The California stanrdard for sex discrimination is much stricter - in California, sex discrimination is reviewed under the highest standard, strict scrutiny.

    thus, as with sexual orientation, sex/gender discrimination is taken more seriously in California.

    •  Thanks! (1+ / 0-)
      Recommended by:
      Seneca Doane

      At last, a concrete response! :-)

    •  The Supreme Court made clear... (0+ / 0-)

      ..that this was not sex discrimination (I'm sure you are aware of that) but discrimination on the basis of sexual orientation. The US Supreme Court has never held that discrimination on the latter basis was subject to strict scrutiny (and thus impermissible); the California Supreme Court has.

      Tonight I'm going to party like it's 1929.

      by Bensdad on Tue Nov 11, 2008 at 08:56:17 PM PST

      [ Parent ]

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