Quite often judges don’t just pull these things out of the clear blue sky. They quote from the filings that have been furnished to them in the course of the litigation. This sounds like garbage that was fed to the case by the rabidly pro-gay participants (directly or as amici).
You are right.
The problem is that the defense—the attorneys arguing for upholding Prop 8—were incompetent zealots. They never thought about getting expert testimony that would establish “facts”. Their two witnesses were self-contradictory and rambling, as properly recognized by Judge Walker.
A pathetic defense by a faith-blinded group of lawyers seriously deficient in establishing legally-based facts-—they lost. And we all lost. Sheer arrogance on their part in rejecting amicus arguments (I submitted one).
No judge—Dem, Rep, activist, gay, Christian,...— can rule in opposition to the facts presented—and Judge Walker did not. The ACLJ, Thomas More, et al., screwed up here-—just as they did in the Dover ID case. The ACLU does competent law. The Prop-8 defendents screwed up big by praying much and establishing little. Almost nil for an appeal.
Faith does not win legal—or other arguments. Stupid attorneys are not a source of pride for us conservatives.