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It's my understanding that in appeals the courts do not call additional witnesses but merely review the facts and conclusions of the trial as it was held. That's why the findings of fact were so important, and I think it's particularly significant that Walker made the same suspect class identification that Ginsberg made in Christian Legal Society v. Martinez, and which Tauro made in Gill v. Office of Personnel Management. It requires strict scrutiny of legislation which would make classifications based on sexual orientation and as a result moves the burden of proof onto the legislature.
Granted, the Prop 8 proponents, like Walker said, couldn't satisfy even the most generous of review standards, but it will (hopefully) make it more difficult for future restrictive measures while at the same time making future legal challenges easier. Jam it back in, in the dark. |
https://ecf.cand.uscourts.gov/cand/0...nce/index.html
Actual evidence submitted at the trial. Including video of the anti-gay ad campaigns and the depositions at the bottom. These were defense witness depositions submitted by the plaintiffs because Boies essentially bent them over his knee. There's nowhere I can't reach. |
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