Later On

A blog written for those whose interests more or less match mine.

The facts that Judge Walker finds

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Marc Ambinder:

Here’s what you need to know about Judge Vaughn Walker’s decision invalidating California’s Proposition 8, a referendum passed by voters that banned same-sex marriage. The decision itself will be appealed, and Walker’s reasoning could serve as the basis for argument at the appellate level — or, the appeals court could decide to argue the case a completely different way.

What matters are the facts that Walker finds. Why? As Chris Geidner notes, "[the] judge or jury who makes the findings of fact, however, is given deference because factual determinations are aided by the direct benefit of the judge or jury at trial. On appeal, Judge Walker’s findings of fact will only be disturbed if the appellate court finds any to be clearly erroneous."

Walker, in his decision, writes that "Proposition 8 fails to advance any rational basis in singling out gays and lesbians for denial of a marriage license." He evaluates as credible witnesses the panel of experts who testified against Proposition 8, and finds fault with the credentials of several witnesses who testified against same-sex marriage, including David Blankenhorn, President of the Institute for American Values:

Blankenhorn’s testimony constitutes inadmissible opinion testimony that should be given essentially no weight," Walker writes. "Blankenhorn gave absolutely no explanation why manifestations of the deinstitutionalization of marriage would be exacerbated (and not, for example, ameliorated) by the presence of marriage for same-sex couples. His opinion lacks reliability, as there is simply too great an analytical gap between the data and the opinion Blankenhorn proffered.

Here are the relevant facts Walker finds: . . .

Continue reading.

Written by LeisureGuy

4 August 2010 at 4:06 pm

Posted in Daily life, Government, Law

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