Comments on: Judge Rules against Voters, Traditional Marriage

By: Dave J

Dave J — Thu, 17 Mar 2005 16:40:13 +0000

While Mantis and AGR are technically correct in that rational-basis scrutiny is a legal term of art for a standard of review, it's also one that, of late, the courts have been pushing the envelope on. It's supposed to be the LOWEST standard of review, one where legislation is presumed constitutional and where those challenging it bear a heavy burden of proof to show not that the legislators acted based on an irrational or arbitrary basis, but that there was no rational basis on which they could have CONCEIVABLY acted, even if it wasn't their actual motive.

California's state appellate courts, unlike the federal Ninth Circuit based there, tend to be fairly sensible, so I'd expect this to be reversed by the court of appeal before it even reaches the state supreme court, which it no doubt will sooner rather than later.

The trial judge is deliberately using sweeping language, presumably from the plaintiff's motion papers, to at least imply that this is a matter of federal as well as state law, but I don't see the US Supreme Court granting cert here. There isn't enough of an actual conflict (yet) over the interpretation of federal law for them to get involved at this point.

By: AGR

AGR — Tue, 15 Mar 2005 21:48:52 +0000

Mantis is correct. Here's a quick explanation of rational basis test (and other levels of scrutiny) to determine whether a classification violates equal protection:

http://www.law.umkc.edu/faculty/projects/ftrials/…

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