摘要：Before Perry v. Schwarzenegger,1 all judicial victories for same-sex marriage in theUnited States during the first decade of the new millennium were decided on motionsfor summary judgment.2 None required the testimony of witnesses; none produced atrial transcript; none resulted in findings of fact.3 When Chief Judge Vaughn Walker ofthe Northern District of California struck down Proposition 8, the voter approvedreferendum amending the California constitution to define marriage as the union of aman and a woman,4 however, he presided over an actual trial. He made over fifty pages of factual findings, widely speculated to have been a strategic move to render his decision difficult to reverse on appeal.
