Judge overturns California gay marriage ban

[altezon]

well if the courts overturn the ruling those who have been married in the interim will probably stay married. which would mean those who would not be allowed to marry would be able to claim to unfair treatment.

A problem I see with that is that our laws don't guarantee anyone fair treatment. Due process, yes -- but that only applies to formal hearings such as a trial. Equal treatment is a Constitutional guarantee in the sense that some forms of discrimination are prohibited, such as for reasons of race, religion or sexual orientation. Other forms of unfairness are left the colossal sport of the gods.