A Way Forward, with Much Opposition

Posted at the Christianity Today site is Fairness for All: Evangelicals Explore Truce on LGBT and Religious Rights. It reports on efforts by some in the evangelical community (which includes those whose politics lean liberal) to support federal legislation modeled on a Utah compromise bill that the state enacted last year. Going national, the aim is to “bring together religious liberty defenders and LGBT activists to lay out federal legislation to secure rights for both.”

There’s bad news, however:

…several prominent religious liberty advocates—including the Alliance Defending Freedom and the Ethics and Religious Liberty Commission (ERLC) of the Southern Baptist Convention—that opposed the Utah compromise model aren’t on board with Fairness for All either. … [and] much of the momentum around LGBT advocacy also resists such compromise.

But there’s good news, too:

Even without a specific proposal to parse, evangelical leaders are doubling down on the need for deeper discussion, as well as outreach to government partners and LGBT groups.

It’s a nice thought but a tough sell. As I’ve said before, the idea of letting President Trump sign a federal LGBT rights bill, especially one with (gasp) religious exemptions, would be anathema to the Human Rights Campaign and other Democratic party auxiliaries.

And so the (culture) war wages on. And a decision in Illinois is just more grist for the mill: Christian-owned bed and breakfast must host gay weddings, state panel finds.

20 Comments for “A Way Forward, with Much Opposition”

  1. posted by Walker on

    This is a Communist idea.

  2. posted by TJ on

    Quite a few people have been saying that we can respect religious freedom and civil rights.

    I am glad that Stephen and other people might be interested, but Its an uphill battle

  3. posted by TJ on

    The HRC is worried that religious exemptions will make all civil rights optional.

    They base this on how poorly the bulk of the exemptions have been written and the fact that the religious right has shown every willingness to see every good supreme court verdict, every important legal and social reform ripped into a thousand pieces.

  4. posted by JohnInCA on

    I’m always fascinated by how much power Mr. Miller thinks the HTC had over the GOP.

    I mean let’s face it, about the only way that HTC will be able to “stop” legislation for the next two years (minimum) is by endorsing it.

    • posted by JohnInCA on

      HRC, not HTC. Stupid autocorrect.

    • posted by TJ on

      Agreed. The Human Rights Campaign cannot actually prevent the President or the Congressional majority from passing a good civil rights beyond bill. That’s not how things work and the HRC ain’t the most powerful lobbyist by a long shot.

      • posted by Houndentenor on

        “HRC ain’t the most powerful lobbyist….” LOL Now that’s an understatement. HRC has never successfully gotten any legislation through Congress. Not even an amendment to another bill. Nothing. Which is why Stephen’s fixation on HRC as some sort of power-broker in DC is so delusional.

  5. posted by Tom Scharbach on

    It is heartening to see at least some of the more rational conservative Christians are willing to advance “equal means equal”, and I have no objections to religious exemptions to laws that meet the Sherbert/Yoder/RFRA criteria: religion-neutral, issue-neutral, class-neutral, applicable to all laws of general application.

    I don’t think that we would have gotten into this mess if conservative Christians and their Republican allies had not been so determined to limit religious freedom along the lines that Governor Pence, conservative Christians, and Republican politicians insisted on in Indiana.

    Americans owe them all a great, big, noisy, sloppy rasberry for their stupity.

    • posted by Throbert McGee on

      I have no objections to religious exemptions to laws that meet the Sherbert/Yoder/RFRA criteria: religion-neutral, issue-neutral, class-neutral, applicable to all laws of general application.

      Okay, let’s cut through the abstractions in your link — what would be a practical example of a law that would meet these criteria?

      Also, “Equal Means Equal” is a sloppy bumpersticker slogan. I submit that a tightly-worded Same-Sex Domestic Partnership law is, for practical purposes, equivalent to a Same-Sex Marriage law — and that if Marriage is in some way “more dignified-er,” this additional dignity can only come from the freely-given applause of neighbors, not from government fiat.

      • posted by JohnInCA on

        “I submit that a tightly-worded Same-Sex Domestic Partnership law is, for practical purposes, equivalent to a Same-Sex Marriage law.”
        Please go read Judge Walker’s decision in the Prop 8 case. He enumerated the failings of “compromise” positions.

    • posted by Tom Scharbach on

      Okay, let’s cut through the abstractions in your link — what would be a practical example of a law that would meet these criteria?

      The Religious Freedom Restoration Act of 1993.

      Also, “Equal Means Equal” is a sloppy bumpersticker slogan.

      Exactly. It is shorthand.

      A longer form: All citizens, including without limitation gay and lesbian citizens, are entitled to equal treatment under the law, granted the same rights and burdened by the same responsibilities as others similarly situated, without differentiation or discrimination as a class unless differentiation as a class and/or discrimination in treatment under the law is essential to the common welfare, and in cases where distinction/discrimination between classes is essential, government will discriminate in as limited a way as possible consistent with the common welfare.

      And that statement, of course, is shorthand, too.

    • posted by Tom Scharbach on

      I submit that a tightly-worded Same-Sex Domestic Partnership law is, for practical purposes, equivalent to a Same-Sex Marriage law.

      That ship has long since sailed and sunk, deservedly so.

      The “marriage equivalence, but not marriage equality” movement (e.g. Rauch/Blankenhorn, “A Reconciliation on Gay Marriage”, NYT, February 2009) was never anything other than an attempt to reserve marriage for heterosexuals, setting gays and lesbians apart for special, discriminatory treatment.

      I’m surprised that you are hanging on to the Lost Cause. It was never a good idea or a practical idea, entirely apart from the fact that legal equivalence is not legal equality.

  6. posted by Throbert McGee on

    Downstairs, JohnInCA offered:

    Go read Judge Walker’s decision in the Prop 8 case. He did a pretty good job of enumerating the ways “civil unions” were less-than without bringing the Fed into it.

    Oh no he di’int!

    But you know what, JohnInCA? I’m feeling just a bit lazy right now, so I implore you to help me out by quoting one or two lines from Walker’s decision that — in your judgment — clearly make the case for the inferiority of civil unions.

    Because what I seem to recall is that Walker made no effort whatsoever to show that civil-union laws were objectively “second class.” Instead, he relied on his telepathic ability to discern that Prop 8 supporters were motivated by anti-gay animus, and pissed all over Whitney Houston by arguing that people who prefer same-sex civil unions to same-sex marriage actually CAN “take away my diiiig-ni-teeee.”

    • posted by Jorge on

      Too sharp?

      Dignity is a great concept. It’s what lets me get away with telling subordinates and members of the public alike, “My position is ‘screw you.'” Members of the public hit right back by telling me the exact same thing–on something else, and at a time not of my choosing. Subordinates fight me on the exact same decision. Sometimes the money makes people stupid.

      The great state of South Carolina is about to say that a mass shooter should be judged to die. Dignity demands that the reason first be known, shown to the killer himself, and that he answer, one kangaroo court for the worst criminal to protect a million other defendants from death.

      • posted by Jorge on

        Um, I forgot to delete that first line in editing (I’ll not tell you my first version)

  7. posted by Jorge on

    “To look at these older data points and rules only shows us that legislation did not take into account religious freedom,” she said. “They weren’t Fairness for All. They were sexual orientation and gender identity antidiscrimination statutes that did not answer the hardest questions.”

    Oh, so you want to write law by looking at the hard cases? Doesn’t that make bad law? <3

    Did I ever tell the story about how a New York City-based group took its national gay marriage movement's call for a day of charitable giving especially to/with faith-based organizations (you know as a kind of goodwill break the ice measure), and made it into an attempt to bribe a NY legislator to switch caucuses?

    I'd say that's an only in New York story, except these days it seems the "only in New Yorks" are the people who have been controlling the gay rights and other progressive movements.

    Saying that many LGBT advocates "resist" compromise generously assumes they have the developmental capacity to understand and demonstrate it.

    The HRC is worried that religious exemptions will make all civil rights optional.

    I think they should be more worried that the backlash against political correctness will make all civil rights optional.

    In the Time of Trump, the political realities governing our country will regress into a more primal state of being (at least I hope they do!). Instead of demanding their rights, people must take them. Obviously they should help gay couples sue, but because those laws are gradually going to be repealed or sidelined, they must be ready to step in with the replacements. Instead of defending the borders (where frankly far too many people of the other country live anyway), they must talk more about the heartland of civil rights.

  8. posted by Houndentenor on

    After January 20 the GOP will have both houses of Congress and the presidency. If they want to pass such a bill, they will be able to do so whether HRC or anyone else objects. Now in power will Republicans compromise on gay rights? Or is compromise just something Democrats are expected to do?

  9. posted by Jorge on

    Now in power will Republicans compromise on gay rights? Or is compromise just something Democrats are expected to do?

    Republicans have been asked to compromise for years on gay rights, immigration reform, racial justice, the environment… and opposed outright on foreign policy.

    There will be only one compromise: the wall gets built now, or the wall will be 10 feet taller. Thus Democrats will need to fight to keep the wall 15 feet shorter (so it’ll even out).

  10. posted by Tom Scharbach on

    I’m feeling just a bit lazy right now, so I implore you to help me out by quoting one or two lines from Walker’s decision that — in your judgment — clearly make the case for the inferiority of civil unions.

    I don’t what areas of opinionthe opinion JohninCA would point to, but I would point you in the direction of Findings of Fact 52, 53, 54, 58, 59 and 60, for starters:

    52. Domestic partnerships lack the social meaning associated with marriage, and marriage is widely regarded as the definitive expression of love and commitment in the United States.

    a. PX0707 at RFA No 38: Proponents admit that there is a significant symbolic disparity between domestic partnership and marriage;
    b. PX0707 at RFA No 4: Proponents admit that the word “marriage” has a unique meaning;
    c. Tr 207:9-208:6 (Cott, describing the social meaning of marriage in our culture: Marriage has been the “happy ending to the romance.” Marriage “is the principal happy ending in all of our romantic tales”; the “cultural polish on marriage” is “as a destination to be gained by any couple who love one another.”);
    d. Tr 208:9-17 (Cott: “Q. Let me ask you this. How does the cultural value and the meaning, social meaning of marriage, in your view, compare with the social meaning of domestic partnerships and civil unions? A. I appreciate the fact that several states have extended —— maybe it’s many states now, have extended most of the material rights and benefits of marriage to people who have civil unions or domestic partnerships. But there really is no comparison, in my historical view, because there is nothing that is like marriage except marriage.”);
    e. Tr 611:1-7 (Peplau: “I have great confidence that some of the things that come from marriage, believing that you are part of the first class kind of relationship in this country, that you are *** in the status of relationships that this society most values, most esteems, considers the most legitimate and the most appropriate, undoubtedly has benefits that are not part of domestic partnerships.”);
    f. Tr 1342:14-1343:12 (Badgett: Some same-sex couples who might marry would not register as domestic partners because they see domestic partnership as a second class status.);
    g. Tr 1471:1-1472:8 (Badgett: Same-sex couples value the social recognition of marriage and believe that the alternative status conveys a message of inferiority.);
    h. Tr 1963:3-8 (Tam: “If ‘domestic partner’ is defined as it is now, then we can explain to our children that, yeah, there are some same-sex person wants to have a lifetime together as committed partners, and that is called ‘domestic partner,’ but it is not ‘marriage.’” (as stated)).

    53. Domestic partners are not married under California law. California domestic partnerships may not be recognized in other states and are not recognized by the federal government.

    a. Cal Fam Code §§ 297-299.6 (establishing domestic partnership as separate from marriage);
    b. Compare Doc #686 at 39 with Doc #687 at 47: The court asked the parties to identify which states recognize California domestic partnerships. No party could identify with certainty the states that recognize them. Plaintiffs and proponents agree only that Connecticut, New Jersey and Washington recognize California domestic partnerships. See also #688 at 2: “To the best of the Administrative Defendants’ knowledge,” Connecticut, Washington DC, Washington, Nevada, New Hampshire and New Jersey recognize California domestic partnerships;
    c. Gill v Office of Personnel Management et al, No 09-10309JLT at Doc #70 (July 8, 2010) (holding the federal Defense of Marriage Act (“DOMA”) unconstitutional as applied to plaintiffs who are married under state law. (Domestic partnerships are not available in Massachusetts and thus the court did not address whether a person in a domestic partnership would have standing to challenge DOMA.)); see also In re Karen Golinski, 587 F3d 901, 902 (9th Cir 2009) (finding that Golinski could obtain coverage for her wife under the Federal Employees Health Benefits Act without needing to consider whether the result would be the same for a federal employee’s domestic partner).

    54. The availability of domestic partnership does not provide gays and lesbians with a status equivalent to marriage because the cultural meaning of marriage and its associated benefits are intentionally withheld from same-sex couples in domestic partnerships.

    a. Tr 613:23-614:12 (Peplau: There is a significant symbolic disparity between marriage and domestic partnerships; a domestic partnership is “not something that is necessarily understood or recognized by other people in your environment.”);
    b. Tr 659:8-15 (Peplau: As a result of the different social meanings of a marriage and a domestic partnership, there is a greater degree of an enforceable trust in a marriage than a domestic partnership.);
    c. Tr 2044:20-2045:22 (Herek: The difference between domestic partnerships and marriage is much more than simply a word. “[J]ust the fact that we’re here today suggests that this is more than just a word * * * clearly, [there is] a great deal of strong feeling and emotion about the difference between marriage and domestic partnerships.”);
    d. Tr 964:1-3 (Meyer: Domestic partnerships reduce the value of same-sex relationships.);
    e. PX0710 at RFA No 37: Attorney General admits that establishing a separate legal institution for state recognition and support of lesbian and gay families, even if well-intentioned, marginalizes and stigmatizes gay families;
    f. Tr 142:2-13 (Perry: When you are married, “you are honored and respected by your family. Your children know what your relationship is. And when you leave your home and you go to work or you go out in the world, people know what your relationship means.”);
    g. Tr 153:4-155:5 (Perry: Stier and Perry completed documents to register as domestic partners and mailed them in to the state. Perry views domestic partnership as an agreement; it is not the same as marriage, which symbolizes “maybe the most important decision you make as an adult, who you choose [as your spouse].”);
    h. Tr 170:12-171:14 (Stier: To Stier, domestic partnership feels like a legal agreement between two parties that spells out responsibilities and duties. Nothing about domestic partnership indicates the love and commitment that are inherent in marriage, and for Stier and Perry, “it doesn’t have anything to do * * * with the nature of our relationship and the type of enduring relationship we want it to be. It’s just a legal document.”);
    i. Tr 172:6-21 (Stier: Marriage is about making a public commitment to the world and to your spouse, to your family, parents, society and community. It is the way to tell them and each other that this is a lifetime commitment. “And I have to say, having been married for 12 years and been in a domestic partnership for 10 years, it’s different. It’s not the same. I want —— I don’t want to have to explain myself.”);
    j. Tr 82:9-83:1 (Zarrillo: “Domestic partnership would relegate me to a level of second class citizenship. * * * It’s giving me part of the pie, but not the whole thing * * * [I]t doesn’t give due respect to the relationship that we have had for almost nine years.”);
    k. Tr 115:3-116:1 (Katami: Domestic partnerships “make[]you into a second, third, and * * * fourth class citizen now that we actually recognize marriages from other states. * * * None of our friends have ever said, ‘Hey, this is my domestic partner.’”).

    58. Proposition 8 places the force of law behind stigmas against gays and lesbians, including: gays and lesbians do not have intimate relationships similar to heterosexual couples; gays and lesbians are not as good as heterosexuals; and gay and lesbian relationships do not deserve the full recognition of society.

    a. Tr 611:13-19 (Peplau: “[B]eing prevented by the government from being married is no different than other kinds of stigma and discrimination that have been studied, in terms of their impact on relationships.”);
    b. Tr 529:21-530:23 (Chauncey: The campaign for Proposition 8 presented marriage for same-sex couples as an adult issue, although children are frequently exposed to romantic fairy tales or weddings featuring opposite-sex couples.);
    c. Tr 854:5-14 (Meyer: “Proposition 8, in its social meaning, sends a message that gay relationships are not to be respected; that they are of secondary value, if of any value at all; that they are certainly not equal to those of heterosexuals.”);
    d. Tr 2047:13-2048:13 (Herek: In 2004, California enacted legislation that increased the benefits and
    responsibilities associated with domestic partnership, which became effective in 2005. In the second half of 2004, the California Secretary of State mailed a letter to all registered domestic partners advising them of the changes and telling recipients to consider whether to dissolve their partnership. Herek “find[s] it difficult to imagine that if there were changes in tax laws that were going to affect married couples, that you would have the state government sending letters to people suggesting that they consider whether or not they want to get divorced before this new law goes into effect. I think that —— that letter just illustrates the way in which domestic partnerships are viewed differently than marriage.”);
    e. PX2265 Letter from Kevin Shelley, California Secretary of State, to Registered Domestic Partners: Shelley explains domestic partnership law will change on January 1, 2005 and suggests that domestic partners dissolve their partnership if they do not wish to be bound by the new structure of domestic partnership;
    f. Tr 972:14-17 (Meyer: “Laws are perhaps the strongest of social structures that uphold and enforce stigma.”);
    g. Tr 2053:8-18 (Herek: Structural stigma provides the context and identifies which members of society are devalued. It also gives a level of permission to denigrate or attack particular groups, or those who are perceived to be members of certain groups in society.);
    h. Tr 2054:7-11 (Herek: Proposition 8 is an instance of structural stigma.).

    59. Proposition 8 requires California to treat same-sex couples differently from opposite-sex couples.

    a. See PX0710 at RFA No 41: Attorney General admits that because two types of relationships —— one for same-sex couples and one for opposite-sex couples —— exist in California, a gay or lesbian individual may be forced to disclose his or her sexual orientation when responding to a question about his or her marital status;
    b. Compare Cal Fam Code §§ 300-536 (marriage) with Cal Fam Code §§ 297-299.6 (registered domestic partnerships).

    60. Proposition 8 reserves the most socially valued form of relationship (marriage) for opposite-sex couples.

    a. Tr 576:15-577:14 (Peplau: Study by Gary Gates, Lee Badgett and Deborah Ho suggests that same-sex couples are “three times more likely to get married than to enter into” domestic partnerships or civil unions.);
    b. PX1273 M V Lee Badgett, When Gay People Get Married at 58, 59, 60 (NYU 2009): “Many Dutch couples saw marriage as better because it had an additional social meaning that registered partnership, as a recent political invention, lacked.” “In some places, the cultural and political trappings of statuses that are not marriage send a very clear message of difference and inferiority to gay and lesbian couples.” “[W]hen compared to marriage, domestic partnerships may become a mark of second-class citizenship and are less understood socially. In practice, these legal alternatives to marriage are limited because they do not map onto a well-developed social institution that gives the act of marrying its social and cultural meaning.”;
    c. Tr 2044:20-2045:22 (Herek: The difference between domestic partnerships and marriage is more than simply a word. If we look at public opinion data, for example, there is a sizable proportion of the public, both in California and the United States, who say that they are willing to let same-sex couples have domestic partnerships or civil unions, but not marriage. This suggests a distinction in the minds of a large number of Americans —— it is not simply a word. In addition, looking at the recent history of California, when it became possible for same-sex couples to marry, thousands of them did. And many of those were domestic partners. So, clearly, they thought there was something different about being married.);
    d. PX0504B Video, Satellite Simulcast in Defense of Marriage, Excerpt at 0:38-0:56: Speaker warns that if Proposition 8 does not pass, children will be taught “that gay marriage is not just a different type of a marriage, they’re going to be taught that it’s a good thing.”

    I apologize for exceeding your “one or two line” limit, but WTF?

    The opinion is permeated with discussion of the differences between civil marriage and civil unions (e.g. the loss of tax revenues and whatnot) but the Findings of Fact listed are the ones I consider most important.

    Because what I seem to recall is that Walker made no effort whatsoever to show that civil-union laws were objectively “second class.”

    You recall wrong.

    Instead, he relied on his telepathic ability to discern that Prop 8 supporters were motivated by anti-gay animus, and pissed all over Whitney Houston by arguing that people who prefer same-sex civil unions to same-sex marriage actually CAN “take away my diiiig-ni-teeee.”

    Read the opinion. Thobert, then pontificate. Blowing it out you ass doesn’t cut it.

  11. posted by Tom Scharbach on

    Instead, he relied on his telepathic ability to discern that Prop 8 supporters were motivated by anti-gay animus, and pissed all over Whitney Houston by arguing that people who prefer same-sex civil unions to same-sex marriage actually CAN “take away my diiiig-ni-teeee.”

    The following is the “animus” section of the opinion, appearing at pages 132-135. It is worth a read for those of you who were not actively involved in fighting the anti-marriage amendments, circa 2004-2008. It is a concise statement of the kind of bullshit that the anti-marriage crowds laid on us across the nation.

    A PRIVATE MORAL VIEW THAT SAME-SEX COUPLES ARE INFERIOR TO OPPOSITE-SEX COUPLES IS NOT A PROPER BASIS FOR LEGISLATION

    In the absence of a rational basis, what remains of proponents’ case is an inference, amply supported by evidence in the record, that Proposition 8 was premised on the belief that same-sex couples simply are not as good as opposite-sex couples. FF 78-80. Whether that belief is based on moral disapproval of homosexuality, animus towards gays and lesbians or simply a belief that a relationship between a man and a woman is inherently better than a relationship between two men or two women, this belief is not a proper basis on which to legislate. See Romer, 517 US at 633; Moreno, 413 US at 534; Palmore v Sidoti, 466 US 429, 433 (1984) (“[T]he Constitution cannot control [private biases] but neither can it tolerate them.”).

    The evidence shows that Proposition 8 was a hard-fought campaign and that the majority of California voters supported the initiative. See Background to Proposition 8 above, FF 17-18, 79 80. The arguments surrounding Proposition 8 raise a question similar to that addressed in Lawrence, when the Court asked whether a majority of citizens could use the power of the state to enforce “profound and deep convictions accepted as ethical and moral principles” through the criminal code. 539 US at 571. The question here is whether California voters can enforce those same principles through regulation of marriage licenses. They cannot. California’s obligation is to treat its citizens equally, not to “mandate [its] own moral code.” Id (citing Planned Parenthood of Southeastern Pa v Casey, 505 US 833, 850, (1992)). “[M]oral disapproval, without any other asserted state interest,” has never been a rational basis for legislation. Lawrence, 539 US at 582 (O’Connor, J, concurring). Tradition alone cannot support legislation. See Williams, 399 US at 239; Romer, 517 US at 635; Lawrence, 539 US at 579.

    Proponents’ purported rationales are nothing more than post-hoc justifications. While the Equal Protection Clause does not prohibit post-hoc rationales, they must connect to the classification drawn. Here, the purported state interests fit so poorly with Proposition 8 that they are irrational, as explained above. What is left is evidence that Proposition 8 enacts a moral view that there is something “wrong” with same-sex couples. See FF 78-80.

    The evidence at trial regarding the campaign to pass Proposition 8 uncloaks the most likely explanation for its passage: a desire to advance the belief that opposite-sex couples are morally superior to same-sex couples. FF 79-80. The campaign relied heavily on negative stereotypes about gays and lesbians and focused on protecting children from inchoate threats vaguely associated with gays and lesbians. FF 79-80; See PX0016 Video, Have You Thought About It? (video of a young girl asking whether the viewer has considered the consequences to her of Proposition 8 but not explaining what those consequences might be).

    At trial, proponents’ counsel attempted through cross examination to show that the campaign wanted to protect children from learning about same-sex marriage in school. See PX0390A Video, Ron Prentice Addressing Supporters of Proposition 8, Excerpt; Tr 132:25-133:3 (proponents’ counsel to Katami: “But the fact is that what the Yes on 8 campaign was pointing at, is that kids would be taught about same-sex relationships in first and second grade; isn’t that a fact, that that’s what they were referring to?”). The evidence shows, however, that Proposition 8 played on a fear that exposure to homosexuality would turn children into homosexuals and that parents should dread having children who are not heterosexual. FF 79; PX0099 Video, It’s Already Happened (mother’s expression of horror upon realizing her daughter now knows she can marry a princess).

    The testimony of George Chauncey places the Protect Marriage campaign advertisements in historical context as echoing messages from previous campaigns to enact legal measures to disadvantage gays and lesbians. FF 74, 77-80. The Protect Marriage campaign advertisements ensured California voters had these previous fear-inducing messages in mind. FF 80. The evidence at trial shows those fears to be completely unfounded. FF 47-49, 68-73, 76-80.

    Moral disapproval alone is an improper basis on which to deny rights to gay men and lesbians. The evidence shows conclusively that Proposition 8 enacts, without reason, a private moral view that same-sex couples are inferior to opposite-sex couples. FF 76, 79-80; Romer, 517 US at 634 (“[L]aws of the kind now before us raise the inevitable inference that the disadvantage imposed is born of animosity toward the class of persons affected.”). Because Proposition 8 disadvantages gays and lesbians without any rational justification, Proposition 8 violates the Equal Protection Clause of the Fourteenth Amendment.

    Notice that every factual statement in the section is carefully tied to trial evidence, not “telepathic ability”. Enough said.

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