it's actually hard to believe that the defense was as inept as it was portrayed, or that the factual record is as thin as it is.
(well, i mean it's not hard to believe at all, but it's still a little shocking to see it all played out.)
this actually gives one hope for the appeal ... generally speaking appellate courts review law, but defer to the trial court on facts. even if the Supremes articulate a different legal standard for the trial court to go back and apply (which is technically what happens in most Supreme Court decisions), it's hard to imagine *that* trial record would meet the standard. there's absolutely nothing in the record we were shown to support even the most lenient standard, and a LOT to suggest exactly the opposite.
the propoents of Proposition 8 gave even the most sympathetic appellate court absolutely NO facts to work with ... i mean, shockingly no facts. it's going to be really hard for an appeals court to cite a legal test those facts can pass.
"You, sir, are a moron." (PlayItAgain)