16 May 2008

Give Them an Inch, and They’ll Take an Ell

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Eugene Volokh explains how legislation banning sexual orientation discrimination in Masasachusetts, Vermont, and California was then taken by their highest courts to constitute a new basis for interpreting their state constitutions. The California decision notes:

This state’s current policies and conduct regarding homosexuality recognize that gay individuals are entitled to the same legal rights and the same respect and dignity afforded all other individuals and are protected from discrimination on the basis of their sexual orientation.

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