This just came via e-mail from Chad Griffin and AFER:
Today, in an historic and forceful decision, US District Court Chief Judge James S. Ware denied anti-marriage forces’ motion to throw out the decision that ruled Prop. 8 unconstitutional.
He erased all doubt that the Prop. 8 trial was anything but fair and thorough and sent a powerful message that extreme fringe groups cannot strong-arm the law.
Prop. 8 is hanging by a thread. AFER will be before the California Supreme Court in September and we expect to have a resolution on the issue of standing within months.
It really was the defendants’ most desperate move yet, their contention that the ruling should be vacated because Judge Vaughn Walker is gay. Therefore, it’s not surprising that their disgusting notion that, because Walker might “personally benefit” from the Prop. 8 ruling, his ruling should not stand, was laughed out of court. This fight is far from over, but if the last couple of years have shown us anything, it’s that our opponents’ longstanding contempt for the courts makes sense, at least from their perspective. They only win battles when they aren’t forced to testify in a court of law, when they’re not constrained by a prohibition on lying.
The ruling is here if you want to read it.