The Gay Thread

innerSpaceman · 08-04-2010, 03:30 PM

Ya know, I would even get some perverse pleasure in seeing the pretzel twists the Supreme Court would have to knot itself into to refute Walker's decision.

Walker absolutely eviscerates the case for Prop 8, puts together an exhaustive evidentiary record, scolds the defendants for failing to put on more than 2 witnesses, both of whom - after detailed analysis, Walker finds deserving of little weight (Miller) and zero weight (Blankenhorn). Furthermore, and more importantly, he finds the 14th Amendment Due Process claim worthy of strict scrutiny, which Prop 8 fails, and the 14th Amendment Equal Protection claim also worthy of strict scrutiny, but that Prop 8 doesn't require such - as it fails even a rational basis level of scrutiny. Bwahahaha.

He goes on to find that, d'uh, the only basis for passage of Prop 8 was animus towards gays and lesbians.

This is a shoe-in to be affirmed by the Ninth Circuit - where it will be an actual appeal (i.e., reversible only if error was committed at the trial level - not bloody likely). Of course, SCOTUS can and likely will make up law and justice from whole cloth to suit their political leanings ... but with such a reasoned and careful and all-out d'uh-ness of a decision by Walker, they could only reverse at great peril to the rule of law and their own stature as jurists.

08-04-2010, 03:30 PM	#11
innerSpaceman Kink of Swank Join Date: Jan 2005 Location: Inner Space Posts: 13,075	Ya know, I would even get some perverse pleasure in seeing the pretzel twists the Supreme Court would have to knot itself into to refute Walker's decision. Walker absolutely eviscerates the case for Prop 8, puts together an exhaustive evidentiary record, scolds the defendants for failing to put on more than 2 witnesses, both of whom - after detailed analysis, Walker finds deserving of little weight (Miller) and zero weight (Blankenhorn). Furthermore, and more importantly, he finds the 14th Amendment Due Process claim worthy of strict scrutiny, which Prop 8 fails, and the 14th Amendment Equal Protection claim also worthy of strict scrutiny, but that Prop 8 doesn't require such - as it fails even a rational basis level of scrutiny. Bwahahaha. He goes on to find that, d'uh, the only basis for passage of Prop 8 was animus towards gays and lesbians. This is a shoe-in to be affirmed by the Ninth Circuit - where it will be an actual appeal (i.e., reversible only if error was committed at the trial level - not bloody likely). Of course, SCOTUS can and likely will make up law and justice from whole cloth to suit their political leanings ... but with such a reasoned and careful and all-out d'uh-ness of a decision by Walker, they could only reverse at great peril to the rule of law and their own stature as jurists.
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