Saturday, July 15, 2006

Homosex "Marriage" Stomped by 8th Circuit

The State of Nebraska's voters passed a State constitutional amendment to prohibit Homosex "Marriage," by a 70/30 margin. (This is a typical result when such "marriage" is put to voters.)

A dipwad Fed judge voided the vote.

Now a 3-judge panel of the 8th Circuit Court of Appeals reversed the dipwad's ruling:

For those of you normal people who were smart enough not to become lawyers, any claim that a law violates the Equal Protection Clause can be subject to various levels of scrutiny. The highest is "strict scrutiny" (used when the law affects those in a "suspect class", which includes race and gender), and the lowest standard the government has to overcome to win an Equal Protection claim is the one used here - "Rational Basis."

This is important because the court declined to place sexual orientation in the same category of race or gender. More importantly, the court did not find that marriage is a "fundamental right."

1 comment:

Billiam said...

It's not a right. Like driving, you need a license. It's also not spelled out in the bill of rights. Then again, neither is the so called right to privacy.