Fair. Balanced. American.

Wednesday, May 27, 2009

Carlos Moreno

His courage takes him out of the running for the next Supreme Court vacancy.

The court also unanimously held that the decision cannot be applied retroactively, thereby preserving the thousands of same-sex marriages that took place between June and November.

Justice Carlos R. Moreno filed a dissenting opinion in the case, concluding that Proposition 8 is invalid because it is not a lawful amendment of the constitution, in effect altering the equal protection clause to deny same-sex couples equal treatment.

"Requiring discrimination against a minority group on the basis of a suspect classification strikes at the core of the promise of equality that underlies our California Constitution," Moreno wrote. The ruling, he argued, "not only allows same-sex couples to be stripped of the right to marry that this court recognized . . . it places at risk the state constitutional rights of all disfavored minorities."

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