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When Colorado passed an amendment to their constitution that prohibited gays from claiming discrimination or access to a minority class, it was struck down in the Supreme Court in 1996.
The decision was 6-3. Most importantly, Kennedy was in the majority. They found the amendment to be a violation of equal protection. They avoided recognizing gays as a suspect class, but recognized the discriminatory nature of the amendment.
The 3 dissents were Scalia, Rehnquist and Thomas. In Scalia's dissent, which was full of vile, his legal point of contention was that no discrimination had occurred. He argued that extending the ability of a group to claim discrimination based on sexual orientation was in fact granting preferential treatment to that group instead of ensuring their equal protection.
The actions by the state of California are clearly a discriminatory act against a group of persons. The 14th amendment prohibits a STATE from denying equal protection. California, as a state, has done just that.
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