lagilman | as is all over the blogosphere...

BULLETIN: Gay-marriage ban overturned by California Supreme Court

EtA: ...We disagree, however, with the Court of Appeal’s conclusion that it is appropriate to reject sexual orientation as a suspect classification, in applying the California Constitution’s equal protection clause, on the ground that there is a question as to whether this characteristic is or is not “immutable.” Although we noted in Sail’er Inn that generally a person’s gender is viewed as an immutable trait, immutability is not invariably required in order for a characteristic to be considered a suspect classification for equal protection purposes.

California cases establish that a person’s religion is a suspect classification for equal protection purposes... and one’s religion, of course, is not immutable but is a matter over which an individual has control. ... Because a person’s sexual orientation is so integral an aspect of one’s identity, it is not appropriate to require a person to repudiate or change his or her sexual orientation in order to avoid discriminatory treatment ...

Now the real squabbling begins. But out-front-and-public squabbling is what democracy's all about, innit?

Go, California!