solarbird: (Default)
solarbird ([personal profile] solarbird) wrote 2009-05-26 07:16 pm (UTC)

There's more in the full decision - c.f. Page 37:
we properly must view
the adoption of Proposition 8 as carving out an exception to the preexisting scope
of the privacy and due process clauses of the California Constitution as interpreted
by the majority opinion in the Marriage Cases, supra, 43 Cal.4th 757.
Applied tastily to both.

They are clearly arguing that "limiting" is not "abrogating," to which I offer my usual rebuttal, that similarly, banning the Star of David isn't "abrogating" your freedom of religion since you're still free to be Jewish and besides, you can wear whatever crucifix you might so desire.

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