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    Prop 8 Ruling Will Be Difficult to Overturn

    In his ruling, Judge Walker found that California’s voter-approved ban on same-sex marriage irrationally discriminates against gay men and women.

    To opponents of same-sex marriage, the ruling was a travesty that usurped the will of millions of California voters. Brian S. Brown, the executive director of the National Organization for Marriage, called it "a horrendous decision" that "launched the first salvo in a major culture war over same-sex marriage and the proper purview of the courts."

    But Andrew Koppelman, a professor at Northwestern Law School, said "if the Supreme Court does not want to uphold same-sex marriage, its job has been made harder by this decision."

    The reason, he said, is that while appeals courts often overturn lower-court judges on their findings of law -- such as the proper level of scrutiny to apply to Proposition 8 -- findings of fact are traditionally given greater deference.

    via nytimes.com

    Judge Walker, I like your style! It brought me to tears today to think that someone had to write a lengthy document explaining why it's not okay to violate my civil rights. But I'm glad that he did it.

    • 4 August 2010
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