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>> the fact this study from the early 2000s, the fact it no longer exists for the anti-gay rights side in the prop 8 case, how do you think that will affect the case going forward? >> i think it's a big deal. the reason immutable is important because under equal protection clause of the 14th amendment there's a standard called heightened scrutiny, race, national origin, non-national parentage get that scrutiny. the $64,000 question is whether or not sexual orientation will be added to that list. one of the criteria the supreme court looks at to determine if they get heightened scrutiny is immu...

Warren professor of constitutional law. thanks for being here. >> thanks for having me. >> the fact this study from the early 2 tho,00000s, the fact it longer exists for the anti-gay rights side in the prop 8 case, how do you think that will affect the case going forward? >> i think it's a big deal. the reason immutable is important because under equal protection clause of the 14th amendment there's a standard called heightened scrutiny, race, national origin, non-national parentage get that scrutiny. the $64,000 question is whether or not sexual orientation will be added to that list. one of ...

That claim just evaporated in a puff of, i'm sorry, from dr. spitzer, what does that do to the law as civil rights in the country. joining us is chief justice earl warren professor of constitutional law. thanks for being here. >> thanks for having me. >> the fact this study from the early 2000s, the fact it no longer exists for the anti-gay rights side in the prop 8 case, how do you think that will affect the case going forward? >> i think it's a big deal. the reason immutable is important because under equal protection clause of the 14th amendment there's a standard called heightened scrutiny...