Black Mamba
Member
My response wasn't directed to Texas specifically, either. But I'm not sure SCOTUS would reach the question of whether sexual orientation is a suspect or quasi-suspect classification, because there are a number of ways to decide this case in favor of same-sex marriage without touching that issue. For instance, the Court could decide that, regardless of what standard applies, same-sex marriage bans fail to satisfy the rational basis test; or, they could decide that same-sex marriage is just a facet of the fundamental right to marry, and so apply strict scrutiny review on that basis; or, they could decide that same-sex marriage bans discriminate on the basis of sex, which is already treated as a quasi-suspect classification, and so dispense with it on that basis.
Rational basis would be extremely tough to pull off. I highly doubt they'd go that route because it would put a precedent into actually not rubber stamping most things the gov't want to do (and as weird as it is to say, under rational basis the bans be deemed illegal seems wrong). Not sure how the basis of sex would work.
And I don't see how they re-affirm a "fundamental right to marry" without addressing Equal Protection. I mean, that's basically Loving v Virginia in a nutshell. "Marriage is a fundamental right and denying it based on [insert classification} violates the 14th."
It essentially determined suspect classification.
Put it this way. The Court may even not outright state it, but it will exist once ruled. If they follow Loving v Virginia to the T, it exists.
Regardless of all this, homosexuals should be protected from such discrimination. I really don't care how it's done, just that it is done.