Reply #45: Does California have a law against gender discrimination? [View All]

[justiceischeap]

Could Prop 8 not be fought on that front as well if there is a gender discrimination law? It would be a weird end-around but it could work. I mean, isn't that how "equal" marriage passed in Canada?

Either way, it seems to me that this will eventually end up before the SCOTUS. There are roughly 43 states in the US that are discriminating against gay people. So, eventually, to overturn all the laws, it will have to become a Federal law. If my fuzzy logic is correct, winning in California will go a long way in helping nationally. If the decision for In Re: Marriage Cases is based upon the 14th Amendment of the US Constitution, then California sets the precedent for Equal Protection anti-discrimination that can be taken to the SCOTUS to overturn the rest (should Prop 8 be defeated in the court).