In a public appearance this week, Justice Scalia signalled the position of conservatives on the Supreme Court with regard to the equal protection clause of the 14th amendment, handing a convenient argument over to proponents of Proposition 8.
Justice Scalia spoke at the UC Hastings College of the Law, arguing that because “nobody thought [the Equal Protection Clause] was directed against sex discrimination” when the Fourteenth Amendment was adopted, it should not be read to prohibit discrimination on the basis of sex or sexual orientation today.
Since Judge Walker found that Proposition 8 was unconstitutional under the Due Process and Equal Protection Clauses of the 14th amendment, this opens the door for Prop 8 proponents to hope for a victory when the case reaches the Supreme Court, which it inevitably will.
Similar rulings have been made by the courts with regard to the Defense of Marriage Act and Don't Ask, Don't Tell.
I sense a battle ahead. Any legal eagles out there? I'm curious to know if this is just posturing or a strong gesture to proponents.