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Maggie: Judge Walker’s First Question:
Judge Walker asked 39 questions, to help the lawyers prepare for these final arguments. Here's his first question:
Assume the evidence shows Proposition 8 is not in fact rationally related to a legitimate state interest. Assume further the evidence shows voters genuinely but without evidence believed Proposition 8 was rationally related to a legitimate interest. Do the voters’ honest beliefs in the absence of supporting evidence have any bearing on the constitutionality of Proposition 8?
This is a weird question. He seems to be importing a new standard into the rational basis test. How much social science evidence delivered by an expert witness do voters need before their judgments are held to be rational? Imagine if any other law were subjected to this test.
The idea that sexual unions of male and female are distinct and uniquely necessary is a big obvious truth. His question implied we are now in a mandarin democracy. We're defining democracy down, such that only people with Phds and databases are permitted to hold opinions judged "rational."
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