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Judge will rule tomorrow on "frivolous" motion about Judge Walker’s sexual orientation and boyfriend

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As I wrote earlier, I was at the Federal Court House in San Francisco today to watch the hearing on the anti-gay side's motion to vacate the Prop. 8 ruling because of Judge Walker's status as a gay man. There was also a hearing on whether the parties had to return the tapes of the trial. Looks like the Judge already decided not to ask for their return.

The lawyer for the Prop. 8 proponents, Charles Cooper, tried really hard to make his case. He couldn't. As in the Prop. 8 trial, there were no facts to back up his assertions. It was really astounding. Cooper kept saying their motion was about disclosure. It was not. It's about blatant homophobia.

The lawyer for the Prop. 8 proponents, Theodore Boutrous, Jr., was excellent. Olson and Boies get a lot of the attention for this case, but the whole legal team is filled with superstars. I watched him at the press conference following the hearing, too. He said of the other side, "Their claims in support of Proposition 8 are baseless. They had no evidence. That's why they filed this motion. This was a desperate, Hail Mary pass they are throwing because they think they are going to lose. And, they should lose." He also said in court and at the presser several times that this motion is "frivolous." It was. Lawyers get sanctioned for filing those kinds of motions, but Boutrous and his colleagues declined to file a complaint.

Judge Ware told the lawyers that he'd be issuing a written decision within 24 hours.

And, I had a chance to talk to two of the plaintiffs, Paul Katami and Jeff Zarrillo, after the hearing to get their thoughts:

I also met the other two plaintiffs, Kristin Perry and Sandra Stier. I thanked all of them for putting themselves on the line for the rest of us. And, also let them know that there's enormous interest in their case outside of California, too.

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