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i mean the campaign to pass proposition 8 relied on stereotypes to show that same-sex relationships are inferior to opposite-sex relationships. the stereotypes are not based in fact. he makes claims about the health of children in gay families. it s a bold, bold ruling. in terms of the federal and national implications for this, dolly, obviously this is narrowly about proposition 8 in california. this was a federal court ruling. does this have implications for other states? well, not immediately. and, in fact, judge walker was very careful in his own closing arguments and when he was talking to the lawyers asking questions. he asked a lot of questions about doma, the defense of marriage act. that doesn t come up in this case. so i think what this really does is it a very, very broad statement. i mean he finds both as a matter of equal protection and as a matter of due process of law, this is unconstitutional. so it s not a narrow ruling, rachel.
over the judge staying his order. today, in other words, judge walker almost immediately stayed his order. and he s going to let the parties decide. i think the papers are due actually it s definitely expedited. but i think by friday they have to get the filings in. and then he s going to make a decision, i m hearing, on tuesday about whether or not this is going to be stayed pending an appeal. so we have already a fight over a stay. and then over and above that, as you say, there s going to be an appeals process, both sides had intended to appeal. the end game here is always to get this before the u.s. supreme court. in terms of the ruling, judge walker s reasoning, the way he wrote his decision, if or when this does make it to the u.s. supreme court, or even looking ahead to the ninth circuit, based on your understanding of the law, how strong do you think the anti-gay mirth appeal is going to be? how resilient do you think this ruling is going to be when it
gay rights supporters in that state and possibly around the country. but judge walker, who s a george h.w. bush appointee, judge walker not only struck down california s gay marriage ban as unconstitutional, he also probably set the stage for what will be the next big court fight and the next big political fight. the anti-gay marriage side that was defeated in this case is already filed paperwork expressing intention to appeal the decision. he should expect to hear lots of excerpts from judge walker s ruling. not only in the legal discussion, but i think you ll hear it in the political fight that is sure to come as well. because i think many conservatives will see some of this language as explosive. that the majority of california voters supported proposition 8 is irrelevant, as fundamental rights may not be submitted to a vote. they depend on the outcome of no elections. also, there s this. the evidence shows that movement of marriage away from a gendered institution and toward an
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