If you're convicted of murder and appeal your case, the appeals court is not allowed to re-gather evidence or re-call witnesses. Any "findings of fact" must stand as true. You can only appeal on process errors or the judge's interpretation of that fact.
The following findings of fact (83 of them! with sub-headers!) were made today, and thus cannot be overturned or argued:
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Definition of Marriage and Sexual Orientation
- Marriage is a fundamental right, not a privilege.
- Individuals do not choose their sexual orientation.
- Sexual orientation is a protected status akin to race.
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Influence on Heterosexual Marriage or Behavior
- Gay marriage does not threaten or harm the institution of heterosexual marriage in any way.
- Acceptance of gay marriage does not influence or alter the behavior of heterosexuals in any way.
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Influence on Children and Family
- Children are not harmed or unduly influenced in any way by being raised by same-sex parents, or the acceptable of same-sex marriage in general.
- Children of same-sex couples benefit from their parents being "married" to the same extent that straight children are.
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Role of Religion and Morality
- The institution of marriage is primarily secular and not religious in nature.
- Religious moral arguments are never a rational basis to deny rights to a protected minority.
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Nature and Goals of Prop 8
- Proposition 8 fails to advance any rational basis (historical, scientific, or socio-economical) in singling out gay men and lesbians for denial of a marriage license.
- Proposition 8 was not to "protect traditional marriage" but rather an attempt to enshrine in the California Constitution the notion that opposite-sex couples are superior to same-sex couples, and is thus malicious and purposely discriminatory.
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And finally:
- Civil unions are not a valid compromise because "separate but equal" is illegal under the Equal Protection clause of the US Constitution without a rational basis.