Saturday, August 28, 2010

Sexual Orientation Discrimination and Sex Discrimination in the Prop 8 Trial Opinion

“A man should put the food upon the family plate”

One of the little-remarked aspects of Chief Judge Vaughn Walker’s lengthy opinion (here) following trial in Perry v. Schwarzenegger, holding California’s Proposition 8 unconstitutional, is its linkage of sex discrimination and sexual orientation discrimination in the context of marriage equality and marriage discrimination.  (I’ve flagged it for reporters.)  Loyola (Los Angeles) law professor Douglas NeJaime has blogged about this for the American Constitution Society (here).  It’s a relatively short read, very interesting and well worth checking out.

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