More Prop 8

So Prop 8 was ruled unconstitutional, which was frankly expected. Fun Fact: ran a poll asking its viewers if it should be struck down and a staggering 52% said that yes, it’s unconstitutional. A friend theorizes that their viewers just see the word unconstitutional and hit the button, though.

Anyway. After my post yesterday I did a little further reading and came across some interesting stuff. In June there was a supreme court ruling, Christian Legal Society v. Martinez, in which a student organization that discriminated against homosexuals sued to be able to receive school funding. The school denies funds to organizations that practice discrimination, etc. The group lost the suit in a 5-4 ruling, and an interesting bit came out of it.

The majority opinion was written by Ruth Bader Ginsburg. The CLS had argued in the case that it was not discriminating against a people but against a conduct. Ginsburg pointed out that the court had not in the past distinguished between the two. She used a metaphor from an older case: “A tax on wearing yarmulkes is a tax on Jews.”

When this does get to the supreme court, then, there may be more hope than I’d anticipated for the anti-Prop 8 case. Hm.