View Full Version : PROPOSITION 8 DOES NOT SURVIVE RATIONAL BASIS-does that effect 2A cases?

08-04-2010, 1:28 PM
Just on Drudge:

Just wondering if a constitutional issue rational basis ruling bodes well/ill for the 2A case in the pipeline?

08-04-2010, 1:34 PM
It might be bad for the anti-Prop 8 people. If "rational" basis is the applied standard then maybe even this judge didn't view it as a "fundamental right" to marry someone of the same gender.

Flip side is that if Prop. 8 didn't pass "rational basis" it may be considered very weak law, indeed.

But where I think it might affect the RKBA is that it may work its way up through the system to SCOTUS where maybe they'll apply "P or I" and it may be that this would have more application to the RKBA.

A bit more worrisome to me is what is going through the minds of the Republicans who plan to take out the "born here citizen no matter what" aspect found to be in the 14th Amendment. Depending on how that is handled there could be a greater impact on Due Process under which the 2A was incorporated or they could take P or I out of the 14th. I'm just not sure where they're going with this or what language they're contemplating. But I think this is much more dangerous than what a single judge did today.

08-04-2010, 1:46 PM

Gray Peterson
08-04-2010, 1:51 PM

Your point being?