[trumandogz]

It’s all over now.

Once there are gay couples married in California it will establish two classes of gay citizens and the SCOTUS and especially Justice Kennedy does not like separate classes and does love the Equal Protection Clause.

[Lou Budvis]

There are already two classes. Gay couples were married in the time between the CA Supreme Court striking down the law prohibiting gay marriage and the time that Prop 8 was passed which amended the CA constitution.

[fr_freak]

It’s all over now.

Once there are gay couples married in California it will establish two classes of gay citizens and the SCOTUS and especially Justice Kennedy does not like separate classes and does love the Equal Protection Clause.

Bah. There were already gay "married" couples in CA after the last court fiasco which started this whole process in the first place. If you'll recall, it was another rogue court that decided that California's state constitution enshrined the right of gay people to defile marriage, which is what prompted Prop 8 in the first place. Between that ridiculous court decision and passage of Prop 8, there were all kinds of gay "marriages" performed.

[old republic]

Yeah, but Judge Walker and his lot have a different definition of "equal" than what "equal protection" means. Equal protection means that the law is enforced equally upon everyone. Prop 8 was equally enforced so there was no violation of the clause.

You are probably right though, there are some recent cases that suggest that Kennedy is likely to side against Prop. 8 if it reaches SCOTUS. The court had better be cautious about redefining the clause though, because it could have a lot of unintended consequences.

[SunStar]

Once there are gay couples married in California it will establish two classes of gay citizens and the SCOTUS and especially Justice Kennedy does not like separate classes and does love the Equal Protection Clause.

This is already the case. 4,037 gay marriage licenses were issued in 2004, so there are already two classes of gay citizens. All gays who have wanted to obtain marriage licenses since 2004 are second-class citizens to those who were legally married in California in 2004 (under equal protection).

[Pikachu_Dad]

There are already married gays in California