All of those who doubt that the Supreme Court will see this as an Equal Protection and civil rights issue could well be right. I would simply point out a couple of things. One is that the Court could be a different one by the time the case gets there. Another is that to send it back to the states the Court would have to state explicitly that it is not a civil rights issue. Given how quickly public opinion seems to be shifting (Iowa being a good example, and leaving California aside, where the ballot proposition process was terribly manipulated by money), a Court ruling of this sort could help galvanize a new civil rights movement with wider appeal than we can imagine at present.
I can dream, right?
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