LaRue: ‘Suspect Class’ Ruling in California ‘Marriage’ Ruling Will Have Far-reaching Effects

Pro-family attorney Jan LaRue offered the following analysis for Americans For Truth readers on the far-reaching effects of the California Supreme Court’s ruling in favor of “same-sex marriage” (click HERE for a PDF of the court’s decision):

Californians must pass the marriage amendment in November in order to preserve traditional marriage. However, the amendment will not necessarily undo the consequences of the court’s holding that sexual orientation is a suspect class, akin to race, sex and religion, and, therefore, subject to strict scrutiny analysis. This is the first court in the nation to do that.

The lower courts will apply the ruling and rationale, knowing that the Supremes will uphold their rulings. It means that any restriction on “sexual orientation” will be presumed by courts to be unconstitutional unless the court is convinced that there is a compelling governmental interest that justifies the restriction.

It will be devastating for schools, businesses, religious organizations, individuals, the state national guard, freedom of speech and religion, association, etc. It can hardly be overstated.

Jan LaRue is a member of the California and U.S. Supreme Court bars and a member of the Board of Advisors of the Culture and Media Institute. She served as Chief Counsel at Concerned Women for America, Director of Legal Studies at Family Research Council, and Senior Counsel for the National Law Center for Children and Families.


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