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Approval of the voters or government or neighbors. that's an individual decision that's none of the government's business. that of course if upheld by the 9th circuit means same-sex marriage is lawful in all 50 states no matter what the legislators or voters wanted. >> shepard: more on this as it comes down. for now, august 18th the first gay may do in california. up next, charlie rangle big birthday bash.

They have not even gotten to the corruption part, right? there's part of it they haven't begun to consider, eleven days later. >> wire fraud i think. >> shepard: that's right. where are we? what does this mean? >> look, you know, i don't necessarily know that it's good for the protection or the defense but we're dealing with a 24-count indictment. fairly sophisticated charges, racketeering, wire fraud, extortion, bribery. the stuff law school books are made up. you take 12 jurors and make them sit through a multi-week trial, 120 pages of jury instructions and say figure it out. it's not uncomm...

Say we better be ready with appellate papers because he's going to lift the ban. he did everybody a favor by giving them this week. >> shepard: the ruling, judge vaughn walker's ruling, he put specifically through two sections of the constitution. right? >> yes. one section of the constitution -- >> shepard: equal protection. >> equal protection. the government can't make distinctions of people based on a characteristic of their birth. it can't say you can get married but you can't. it either has to say everybody can get married or nobody can. since marriage is a positive thing each chooses to...

Now, then there would be no time for them to rule on the appeal. >> shepard: "the associated press" says this: judge vaughn walker set the deadline for time to appeal to the u.s. circuit court of appeals. if the appeals court fails to act by 5:00 advance time august 18th. then gay may do can go forward. i guess there were those in california, the opponents of prop 8, had hoped that it might be lifted now because there were a bunch of people ready to get married. >> they were in part because one of the reasons the judge kept the stay on, that is didn't enforce his own decision, was to give the ...

Supporters of traditional marriage here as well with their signs in support of prop 8. signs that say is a moral wrong can't be a civil right. and signs very much critical of federal judge vaughn walker who issued the rule declaring the pan on same-sex marriage unconstitutional. i can tell you so far everyone has behaved though police officers are on hand because there have been confrontations between the two groups before. they have both seen court victories come and go during california's long and ong emotional roller coaster assault the same-sex marriage debate. when the ruling comes, it wi...