A legal tsunami of Amicus curiae or "friend of the court" briefs are washing over the 9th Circuit Court of Appeals, where a three-judge panel will consider Judge Vaugh Walker's August decision striking down Prop. 8. A quick scan of the more-than 100 briefs that streamed in over the past week indicate a very organized effort by conservative groups to sway the judges. Family Policy Councils from a raft of states, including W. Virginia, Florida, Illinois, Iowa, Louisiana and Wyoming -- to name a few -- make various arguments for upholding the will of the people, i.e. overturning Judge Walker. To be sure supporters of same sex marriage also submitted their briefs, including the ACLU. But it does seem that the scale definitely tips toward briefs opposing same sex marriage. Of course this is not an election or a popular vote (that's what Judge Walker struck down afterall). And most legal observers say the trial record upon which appeals court decisions are supposed to rest clearly and overwhelmingly favors Prop. 8 opponents.
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