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John Eastman: The predictable Vaughn Walker

By Alliance Alert

John Eastman writing at The FlashReport: "For those who attended the trial or watched its proceedings from afar, it seemed all but certain that this 66-year-old single man, living in San Francisco and reported by the San Francisco Chronicle to himself be homosexual, would find a way to rule Proposition 8 unconstitutional . . . Truth be told, this should have been a relatively short and easy opinion to write, under existing precedent. As the Supreme Court has frequently recognized, 'The Equal Protection Clause directs that "all persons similarly circumstanced shall be treated alike,"' but it 'does not require things which are different in fact or opinion to be treated in law as though they were the same.' I have chosen this particular formulation of that oft-repeated principle, from the Court?s decision in Plyler v. Doe, because it was penned by Justice William Brennan, widely recognized as the most liberal (or, to use the left?s preferred term these days, 'progressive') Justice ever to sit on the high Court. The relevant question is whether heterosexual and homosexual couples are similarly situated with respect to marriage."

Full post as published by Constitutionally Correct on August 05, 2010 (boomark / email).