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is the ultimate fact finder. if you re in a nonjury trial the judge is the ultimate fact finder. then the case goes up on appeal and it comes up with a record, a record of fact in the case. in my view that record of fact comes up to the appellate court is actually a constraint on the power of the appellate court to go wandering off. the court is obliged to consider the appeal based on the factual record that was adduced in the district court. so you having lived in both those houses, the trial court house and the appellate court house, tell me a little bit about what the change meant to you as you went from being a trial judge to an appellate judge. thank you, senator.
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non-jury, it s the judge who is the ultimate fact finder. and comes up with a record of fact in the case. and in my view that record of fact that comes up to the appellate court is actually a constraint on the power of the appellate court to go wandering off. the court is obliged to consider the appeal based on the factual record that was adduced in the district court. you having lived in both houses, the trial court has house and the appellate court house, tell me a little about what that change meant to you as you went from being a trial judge to an appellate judge? thank you, senator. it is a really big difference.
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0 christianity, judaism, islam, embraces traditional definition of marriage, correct? i am aware that there are various religious faiths that define marriage in a traditional way. do you see that when the supreme court makes a dramatic pronouncement about the invalidity of state marriage laws, that it will inevitably sit in conflict between those who ascribe to the supreme court s edict and those who have a firmly held religious belief that marriage is between a man and a woman? woman? well, senator, these issues are being litigated, as you know, throughout the courts as people raise issues. i am limited with what i can say about them. i m aware there are cases i m not asking you to decide a case or predict how you would decide to, i m just asking isn t it apparent that when the supreme court decides that something that is not even in the constitution is a fundamental right, and no state can pass any law that conflicts with the supreme court s edict, particularly in an area w
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0 of marriage, correct? i am aware there are various religious faiths that define marriage in a traditional way. do you see that when the supreme court makes a dramatic pronouncement about the invalidity about state marriage laws, it will inevitably set in conflict between those who ascribe to the supreme court s edict and those who have a firmly held religious belief that marriage is between a man and a woman? well, senator, these issues are being litigated, as you know, throughout the courts i as people raise issues and so, i m limited in what i can say about them. i m aware there are cases i m not asking you to decide a case or predict how you would decide in the future. i m asking isn t it apparent that when the supreme court decided something that is not even in the constitution is a fundamental right and no state can pass any law that conflicts with the supreme court s edict, particularly in an area where people have sincerely held religious believes, doesn t that effec
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