Quote:
Originally Posted by SebC
In this context, I have no idea what you mean by "gay rights". Overturning Prop h8 is simply a matter of not denying fundamental rights to anyone. The only reason there are legal battles is because certain people believe they're fighting the good fight, but they are almost certain to lose because the law is not on their side.
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Homosexuals are not considered a protected class under current US constitutional jurisprudence, therefore their right to marriage is not a fundamental right, or so goes the argument. If the right to gay marriage were a fundamental right the test applied to a law impeding that right would be virtually insurmountable, the test applied was actually a very low standard, which the law still failed. Fundamental rights in this context is a different thing than what most of us consider to be the basic/fundamental rights of people.