When challenged, however, the voters’ determinations must find at least some support in evidence. This is especially so when those determinations enact into law classifications of persons. Conjecture, speculation and fears are not enough. Still less will the moral disapprobation of a group or class of citizens suffice, no matter how large the majority that shares that view (...) those individuals’ moral views are an insufficient basis upon which to enact a legislative classification.
Perry v. Schwarzenegger, ND CA, 4 August 2010
.
Certainly refreshing after ECHR (see
Schalk and Kopf v. Austria) (re)decided to follow and not to lead. Understandable for sheep, but for
such a court? Although, I did say that after
Behrami nothing could surprise me.