That, at least, is what the plaintiff's attorneys in the federal case challenging the Constitutional validity of California's Proposition 8 (the Mormon Church-pushed amendment to California Constitution removing a previously existing right to marriage equality) think has happened after a Supreme Court decision this week. On Monday, the US Supreme Court handed down a 5-4 decision recognizing the right of Hastings College of the Law, a public law school in San Francisco, to refuse to grant official recognition the Christian Legal Society because they exclude gay students. The New York Times reports:
Justice Ruth Bader Ginsburg, writing for the majority, said it was constitutionally permissible for public institutions of higher education to require recognized student groups to accept all students who wished to participate in them.So what does this have to do with the right of same sex couples to marry, and what does this have to do with the challenge to Proposition 8? The lawyers challenging Prop 8 argue that the Court held gays and lesbians not just merely a behavioral but an identity class. They explained in a letter to US District Judge Vaughn Walker,
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Wednesday, June 30, 2010 |



