[posted by Justin Levine]
Let history record that I was the first blogger to point out that the California gay marriage decision was far more significant than many first realized due to the fact that it labeled homosexuals as a “suspect” class entitled to “strict scrutiny” under an Equal Protection Clause analysis (essentially treating laws that discriminate against homosexuals the same way as it would treat laws discriminating against racial minorities).
But now that Marty Lederman has followed my lead on this, it seems to be getting all sorts of attention. Alas, my legal genius seems destined to continue in relative anonymity in the blogosphere. [Hey Court TV...Call my agent!]
But seriously, this is a vital aspect of the decision that has been largely drowned out in the more immediate political debate over the marriage issue. It may have a far reaching impact that has yet to be studied in legal circles.