Limiting the Courts’ Ability to Protect Minorities

Minorities fear trend from California gay marriage banYahoo News

California’s gay marriage ban could open the door to legal discrimination against unpopular groups if the state Supreme Court allows the voter-approved measure to stand, blacks, Latinos, Asians and other minorities said…

The court had recognized such marriages in May, and about 20,000 same-sex couples wed before the November vote. Those marriages may now hang in the balance. Connecticut and Massachusetts are the only states that allow gay marriage.

Legal scholars say the measure, which defines marriage as between a man and a woman, breaks new ground by limiting the courts’ ability to protect minorities.

“They could take away any right from any group,” said University of Southern California Law Professor David Cruz, who filed a brief in favor of gay marriage in an earlier case…