E.R.A. IN WASHINGTON STATE: Gabriel Rosenberg
...I am a firm believer that denying same-sex couples the right to marry makes an impermissible classification based on sex and is hence unconstitutional in almost the exact same way the California Supreme Court in 1948 found racial classifications in marriage impermissible. (See my
post on Perez v. Sharp or my posts on
sex discrimination). Some people,
like Professor Jack Balkin, feel this argument has a disadvantage in that it's not really sex discrimination but rather sexual orientation discrimination. Well, there is a great amicus brief being (
pdf) filed in the Washington cases by NOW and other women's rights organizations that explains how sex discrimination and sexual orientation discrimination are linked and how denying same-sex couples the right to marry is detrimental to all who wish to be free from traditional gender stereotypes. I am hopeful the court will make use of this brief to strike down
Singer.
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posted by Eve at
7:22 PM | link
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