Gay Rights, Equal Protection, and the Possible Resurgence of the State Action Doctrine

With the Amendment 3 appeal looming on the horizon, one of the great questions on people’s minds is, “To what extent would a decision striking down Amendment 3 on the ground that it violated the right of equal protection affect the actions of private individuals or businesses?” As always, the Constitution is the starting point.  The Bill of Rights protects only against congressional action (hence, the preface “Congress shall make no law . . . “).  Originally, neither individuals nor states were bound by any of the guaranties, except to…