The Reinhardt ratchet

2) Reinhardts’s ruling seems to say that after the California Supreme Court had required same-sex marriages, voters couldn’t reverse that decision without being motivated by impermissable animus. In other words, once state judges grant rights to a new discriminated-against class, it’s unconstitutional to take them away, even by amending the state constitution–a sort of Brezhnev doctrine of liberal judicial activism. …

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