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This does make it to the u.s. supreme court, or even looking ahead to the ninth circuit, based on your understanding of the law here, how strong do you think the anti-gay marriage appeal is going to be? how resilient do you think this ruling is going to be when it gets higher scrutiny? >> it's a great question, rachel, and it's really clear when you look at this 138-page opinion of which you read some of the highlights but not nearly all. it's really worth reading in its entirety, but, you know, two very, very strategic things that judge walker did. one, and you quoted some of these quotes you...

Case, so i think what this really does is it in a very, very broad statement, i mean, he finds both as a matter of equal protection and as a matter of due process of law, this is unconstitutional. so it's not a narrow ruling, rachel, but certainly i think this tees up a question that the supreme court probably wants to avoid, but i think is really going to have to deal with. i mean, this is a, you know, has always been a gamble about, as i said, one person, anthony kennedy at the center of the court, and i think it tees it up in a way that's going to make really force the court to contend with...

For the alliance defense fund, the people defending prop 8, say they plan to appeal the decision today, all the way to the u.s. supreme court. where do they start? what happens next? >> well, first, we have a little fight that we're going to have over the judge staying his order. in other words, today judge walker almost immediately temporarily stayed his order, and he's going to let the parties decide. i think their papers are due, it's definitely expedited, but i think by friday they have got to get their files in, and then he's got to make a decision, i'm hearing on tuesday, whether or not ...