In their Emergency Motion for a Stay Pending Appeal, the supporters of Prop. 8 focus on the unique role of heterosexual marriage, and quote Barack Obama as one of many authorities:
As an initial matter, redefining marriage in this manner would eliminate California’s ability to provide special recognition and support to those relationships that uniquely further the vital interests marriage has always served. See BARACK OBAMA, THE AUDACITY OF HOPE 222 (2006) (“I believe that American society can choose to carve out a special place for the union of a man and a woman as the unit of child rearing most common to every culture.”). ( p. 53)
Which, the supporters point out, would make Obama, using Judge Walker’s reasoning, one of the alleged bigots who hate gays:
Nor can the court’s inference [of anti-gay animus] be limited to California, for it necessarily attributes anti-gay animus to all who affirm that marriage, in its age-old form as the union of a man and a woman, continues to rationally serve society’s interests, including the citizens and lawmakers of the 45 States that have maintained that definition, the Congress and President that overwhelmingly passed and signed into law the federal Defense of Marriage Act, a large majority of the federal and state court judges who have addressed same-sex marriage, and the current President of the United States. (p. 60)
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