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Ár nDraíocht Féin
Three Cranes
Chaos Matrix

August 13th, 2010

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10:21 am - A new hero in the judiciary
It is entirely possible that Judge Walker is my new hero. He's got a knack for seeing past the fluff of Proposition 8 supporters.

According to an NPR story:
The judge said he's not sure the proponents have the authority to appeal since they would not be affected by or responsible for implementing his ruling. By contrast, he said, same-sex couples are being denied their constitutional rights every day they are prohibited from marrying.

[regarding how anti-gay marriage persons are affected]: "Proponents have not, however, argued that any of them seek to wed a same-sex spouse."

He does, actually make a good point. . . not just a hilarious one. Essentially, Proponents of Prop 8 have not at all made the case that anyone (or anything) is adversely affected by letting persons of the same sex marry one another, and thus have no right to appeal. Only the sponsors of the ban, Gov. Schwarzenegger and Attorney Jerry Brown, could file an appeal, if this is the case.

And both the Governator and Brown are against Prop 8 and chose not to defend it.

Supporters of Prop 8 will probably get their day in court (again), but I found Judge Walker's statement to be entirely apt, and worth posting about today.
Current Location: Southeast of Disorder
Current Mood: amusedamused
Current Music: "Son Of a Son Of a Sailor", -JB

(1 comment Leave a comment)


[User Picture]
Date:August 14th, 2010 10:25 pm (UTC)
What I liked most about Walker's ruling (and I read the entire thing), aside from the painstaking logic used to dismantle the defendant's defense, was his ramming of Antonin Scalia's own prediction from Lawrence v. Texas (539 U.S. 558 (2003)) down that Justice's throat.

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