(Community Matters) Will the appeal of Justice Walker’s Prop 8 decision hold up? I don’t know a thing about the governing appeals court. I am slightly optimistic at the Supreme Court level since S. Ct. Justice Kennedy wrote the majority opinion in Romer v Evans where the S. Ct struck down Colorado’s referendum prohibiting cities, towns and counties from adopting any laws recognizing gays & lesbians. His famous line – no state may “deem a class of persons a stranger to its laws.”
I’m not a lawyer but I do note that in Romer,there were citations about the test for constitutionality of the referendum requiring rational relationship vs tougher interpretation of strict scrutiny for public purposes. I read the same in Justice Walker’s opinion.
Optimistic