Did CA Supremes outlaw all GLBT discrimination with today's ruling?

[BR_Parkway]

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=389x3292283

[Tangerine LaBamba]

1. I don't think so

I've only read excerpts, but it was a pretty narrow issue: a civil union is not the same as a marriage.

[Creideiki]

2. This is cross-posted from another site--look at John's posting time 12:19 p.m.

And sometimes laws involve classifications.

Blacks can't vote. Blacks can't marry whites. Essentially, group A is treated differently than group B.

And the court has said, depending on the TYPE of classification, we will give it a closer or quicker look. So if you say, children can't drink, courts say, we'll give that a more cursory, simple look because it's not like people hate children and there's a good reason for it. That's rational basis (is there any rational basis to have this law where there is a classification). That's very easy, bc there is always SOME reason to have a rational basis for anything. So if a court applies a "rational basis" look, the law with the classification is upheld.

But sometimes, courts say, if you use a classification, like race, we're going to apply a higher standard. Courts say, we know there is a history of animosity toward racial minorities in America. And unlike kids who need protection, we know that if you pass a law that says "Blacks can't do X," it's probably because of hatred rather than some legitimate legislative reason. So courts hold, when you classify on race, we are going to be zealous court guardians and apply the HIGHEST, toughest scrutiny on your law. So basically, you can't make distinctions based on race in laws. Because a court will apply its highest, toughest review and strike it down.

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http://www.connexion.org/newsstory.cfm?id=13109&returnurl=index.cfm

He gave a technical legalese explanation earlier and then simplified it for us.

[xchrom]

3. one would like to think so -- but we are discriminated against in all

kinds of ways.

both obvious and subtle.

what this does is open a pathway -- regarding marriage.

[BR_Parkway]

4. I was thinking it gives a huge standard to things that may not have local

or state law support - such as housing discrimination within the state of CA.

No law is going to stop discrimination, but up until now, there really hasn't been any legal backing to fight it with - outside of very specific and usually very local laws.