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Prop 8 MORE unconstitutional because of 18,000 ssms?
Walker: Would this case be different if they had invalidated the 18,000 marriages performed?
Olson: Yes, it would be worse. Right now California has 18,000 same-sex marriages. Heterosexual persons can marry a person of their choice. A wifebeater, criminal. People who can get married and people who can't get married.
If they get divorced they can't remarry the same person.
Walker: Wouldn't the marriage regime be more rational if California had invalidated those 18,000 marriages?
(Oh so that's where the judge is going: because they didn't invalidate those marriages, Prop 8 is MORE unconstituional?")
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