Dale Carpenter analyzes yesterday's prop 8 ruling:

There's plenty of ground to question the decision in Marriage Cases, and to support today's decision in Strauss as correct on the revision/amendment distinction. And I think the protections provided to gay families under the rubric of "civil unions" or California "domestic partnerships" are a huge advance that can't fairly be likened to a new form of segregation. But it seems to me that, given the rationale and rhetoric of the first decision, the court disingenuously minimized the deprivation in the second.

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