Saturday, May 17, 2008

Gay Marriage and Suspect Classifications

I'll admit that Justin Levine was the first blogger to point out that the California Supreme Court ruling legalizing gay marriage was significant mostly because it made homosexuality a suspect classification.

There were many moonbats extolling this portion of the ruling, so Justin shouldn't break his arm patting himself on the back with this one. What I find most interesting is the women who are ecstatic that their sexual orientation is considered a more immutable (if there is such a thing) characteristic than their sex.

Here is a definition of strict scrutiny (the level used by the courts for suspect classifications). "You'd better have a damn good reason for this law and no other way to solve it" is the shortest explanation. Intermediate scrutiny is applied to sex discrimination cases.

In other words, who you sleep with has now been elevated over whether you are male or female. It boggles my mind.