Wednesday, October 8, 2014

[Doc] Idaho claims that marriage discrimination isn't discriminatory

Idaho has obtained a temporary stay from a decision by the Ninth Circuit Court of Appeals by Justice Kennedy (the state's circuit justice). Idaho's claim is that they are not discriminating on the basis of sexual orientation. Rather, they are discriminating on the basis of the potential to conceive children.
Idaho's marriage statutes do not discriminate on the basis of sexual orientation. They classify on the basis of procreative capacity inherent generally in members of the opposite sex.
Are you fucking kidding me? Now it's up to the Ninth Circuit. They could act swiftly to deny an en banc review or this could drag on for months. Hopefully the judges will be sufficiently antagonized by Idaho's insult to their collective intelligence.

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