Vaughn R. Walker, Perry v. Schwarzenegger — 3:Plaintiffs' Case Against Proposition 8 (2010)
“ According to plaintiffs, Proposition 8 violates the Equal Protection Clause because it:Discriminates against gay men and lesbians by denying them a right to marry the person of their choice whereas heterosexual men and women may do so freely; and Disadvantages a suspect class in preventing only gay men and lesbians, not heterosexuals, from marrying. Plaintiffs argue that Proposition 8 should be subjected to heightened scrutiny under the Equal Protection Clause because gays [p. 6] and lesbians constitute a suspect class. ”
