"The evidence shows conclusively that moral and religious views form the only basis for a belief that same-sex couples are different from opposite-sex couples," Walker wrote. "The evidence fatally undermines any purported state interest in treating couples differently."
It's the kind of ruling a scientist would love.
And that's no mere accident: while the case for Prop 8 is predicated on hypotheses and symbols, the LGBT plaintiffs, led by judicial heavy-hitters Ted Olson and David Boies, built their case on science. When Olson and Boies argue that marriage needs gays as much as gays need marriage, the backbone of their case is an ever-growing body of cutting-edge research.
And as luck would have it, the tip of that cutting edge can be found just minutes away from Judge Walker's office, at the downtown San Francisco office of the Gay Couples Institute.