C l u t c H 385
Banned
From a legal perspective the interesting part is that the Judge chose to apply the rational basis standard under the 14th Amendment. This means a couple of things:
1) Homosexuals are not given the same 14th Amendment protections as other protected classes such as racial minorities, women, etc. Laws targetting racial minorities have to be justified by showing that they are "necessary to promote a compelling state interest." Laws targetting women have to be shown to be "substantially related to an important state interest." Laws targetting homosexuals, however, need only be justified by showing they are "rationally related to a legitimate government interest." That is the lowest equal protection hurdle that a government has to clear. In this sense, homosexuals are not protected to the same extent as gay advocates would probably like.
2) Despite the low standard the government had to clear, they still didn't clear it. That's not a good sign if you're a Prop 8 supporter.
Ugh...stop. Took the bar last week. Plus...when applying the rational basis standard isn't the burden supposed to be on the challenger to show it's NOT rationally related to a legitimate purpose. The government doesn't have to prove anything under the rational basis test...I thought.