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Maggie: Judge Walker’s Questions (cont)

Posted by Maggie on Wednesday, June 16th at 9:10am

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Here's another interesting question Walker posed for the lawyers today:

Even if enforcement of Proposition 8 were enjoined, plaintiffs’ marriages would not be recognized under federal law. Can the court find Proposition 8 to be unconstitutional without also considering the constitutionality of the federal Defense of Marriage Act?

Will Boies and Olson admit that this case is about marriage in all 50 states and the federal government? Or will they try to pretend there is some narrow ground that applies only to California?

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