Thursday, June 4, 2009

We need to find tea leaves to be able to read them

How will Sonia Sotomayor consider gay cases? Alas, the media has reported there is very little evidence to go on. A law school professor went digging and found only two relevant cases.

* Holmes v. Artuz in 1995. This was before the US Supremes ruled on equal protection and gays and after the 1986 decision that upheld sodomy laws. At the time courts felt that since gay sex was an action it was not covered by the equal protection clause. Sotomayor disagreed.

* Miller v. City of New York in 2006. The 3-judge panel (including Sotomayor) of the 2nd Circuit Court said that laws banning sexual stereotyping apply to gays.

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