In any event, Justice Kennedy said, the states' concerns could not justify discrimination.
"The fact that homosexual acts are immoral may never be used to justify violence or unjust discrimination."
This was used to justify racial segregation and discrimination in the following decades.
For it is just such differences that always appear in attempts to justify discrimination against women.
However, it may be possible to justify indirect discrimination in certain circumstances.
The laws were used to justify racial discrimination in property ownership and residential selection.
It is a set of beliefs, norms, and values which used to justify discrimination and/or subordination based on someone's age.
These myths are dangerous because they are used to justify discrimination against women in general, and mothers in particular.
Judge Kaye, however, argued in her dissent that the historical and cultural understanding of marriage did not justify discrimination.
In any case, an alleged internal necessity cannot be allowed to justify indirect discrimination.