The Equal Protection Clause of the 14th amendment of the U.S. Constitution prohibits states from denying any person within its jurisdiction the equal protection of the laws. See U.S. Const. amend. XIV. In other words, the laws of a state must treat an individual in the same manner as others in similar conditions and circumstances. A violation would occur, for example, if a state prohibited an individual from entering into an employment contract because he or she was a member of a particular race. The equal protection clause is not intended to provide "equality" among individuals or classes but only
"equal application" of the laws. The result, therefore, of a law is not relevant so long as there is no discrimination in its application. By denying states the ability to discriminate, the equal protection clause of the Constitution is crucial to the protection of civil rights.
Equal protection | LII / Legal Information Institute
The definition of sexual orientation in the laws of the 13 states prohibiting such
discrimination in employment generally establishes the basis for the protection they
provide. The majority of states provide in some form that sexual orientation means
heterosexuality, homosexuality, or bisexuality.4 Except for Vermont and the District
of Columbia, all the definitions include people who are perceived by others to be in,
or are identified with, those three categories, whether or not they actually fall within
one of them. An effect of this is to prohibit discrimination not only against an
employee who is homosexual, for example, but also against an employee whom the
employer wrongly believes is homosexual.
ENDA
California
Homosexuality, bisexuality, or heterosexuality, whether the orientation is real or perceived. sec. 3(9)
Heterosexuality, homosexuality, and bisexuality, including a perception that the person has
[any of these characteristics]. Cal. Gov. Code § 12926(q)
http://www.gao.gov/new.items/d02878r.pdf
No offense here but it does appear to be a consitutional issue, and if California expressly forbids discrimination in employment based on sexual orientation by law, then
a law that is passed that excludes those individuals from marriage which is a civil matter can be seen as a viloation of Equal Protection Clause. Of course there is no constitutional Amendment that gives anyone the right to marry and that is left to the states to decide, however if a state expressly forbids descrimination based on sexual orientation and then passes a law that does it has IMHO violated the 14th Amendment.
Unruh Civil Rights Act - Wikipedia, the free encyclopedia
The Unruh Civil Rights Act is a piece of California legislation that specifically outlaws discrimination based on sex, race, color, religion, ancestry, national origin, disability, medical condition, marital status,
or sexual orientation.[1] This law applies to all businesses, including but not limited to hotels and motel, restaurants, theaters, hospitals, barber and beauty shops, housing accommodations, and retail establishments.[2] This law was enacted in 1959, and was named for the author Jesse M. Unruh. The Unruh Civil Rights Act is codified at California Civil Code § 51
"All persons within the jurisdiction of this state are free and equal, and no matter what their sex, race, color, religion, ancestry, national origin, disability, medical condition, marital status, or sexual orientation are entitled to the full and equal accommodations, advantages, facilities, privileges, or services in all business establishments of every kind whatsoever."
This does not mean that another state cannot pass a law that prohibits same sex marriage IMO.