In 2008, fifty two percent of California voters passed a constitutional amendment to define the term “marriage” as being between a man and a woman (yes, this was all over a single word…gays have full civil and interpersonal contractual rights already and can do whatever they want to in their private lives, the majority of Americans just didn’t want them to call it “marriage”).
Proposition 8 represented a step further from the first time the majority had to do this, Proposition 22, which was in the form of an act passed by the majority of Californians, that had also been struck down by the courts.
Today, August 4th, 2010, one person, Judge Vaughn R. Walker, actually declared a state constitutional amendment to be…unconstitutional. He literally ripped out a part of a state constitution and pretended the amendment process never occurred. He unilaterally disenfranchised a majority of voters.
Ladies and gentlemen, when the judiciary can overturn the will of the people, who just amended their own state constitution, and does so with impunity, Constitutional democracy has just died. It wouldn’t have mattered if Proposition 8 had passed with 99.9% approval. Judge Vaughn R. Walker has an agenda to fulfill and he will make certain it is fulfilled. Democracy, the kind where your vote is sacred, has just died.
Let’s learn a little bit about Judge Walker, shall we?
- He’s one of two federal judges publicly known to be gay (what a surprise that he was on this case).
- He doesn’t like harsh sentences for white-collar criminals (go figure, most elites don’t).
- He supposedly has libertarian leanings (except, obviously for the part where the people get to have their vote respected)
- He sided with the state in a case where parents simply wanted to teach their son their religious values despite his teacher’s pro-gay leanings.
- He sided with the city of Oakland against two citizen city employees who exercised their First Amendment right to post fliers promoting the natural family (check your rights at the door to your workplace, “religious people”).
- And now, he has just disenfranchised 52% of the population of California.
Anti-Prop 8 folks are reveling in their victory in most ungracious and un-statesmanlike ways.
“Somewhere there’s a right wing homophobic Google Wave user who’s having the worst day of his life.”
“BREAKING: @NewtGingrich condemns Prop 8 decision, insists it will force him to get married a fourth, fifth and sixth time.”
“The fact that there ever was a prop 8 is out of control. It’s archaic and backwards and stupid. And it’s hopefully gone”
“I wish there was a referendum about making religion illegal, or to deny rights to conservatives. That would balance the equation.” (Huffington Post Superuser leyvadaniel)
Having endured death threats in 2008 for exercising my own First Amendment rights on the subject, I have to say I’m not surprised.
Long live “tolerance”.
- Judge Vaughn Walker Prop 8 Decision To Be Released August 4 (nowpublic.com)
- California judge upholds gay marriage (cbc.ca)
- Judge Rules California’s Anti-Gay Marriage Proposition 8 Unconstitutional: Bloggers React (blogher.com)
- Prop 8 Struck Down! CA Judge Rules In Favor Of Same-Sex Couples (ecorazzi.com)
- California Gay Marriage Ban Unconstitutional; New Marriages on Hold (dailyfinance.com)
- Federal Court Declares California’s Proposition 8 Unconstitutional (yubanet.com)
- Appeal Of Prop 8 Ruling Already In The Works! (perezhilton.com)
- Judge Strikes Down Gay Marriage Ban in California (politicalwire.com)
- Proposition 8 ruling excerpts from U.S. District Chief Judge Vaughn Walker [updated] (latimesblogs.latimes.com)
- BREAKING: Federal Judge Rules Proposition 8 Unconstitutional (lifesitenews.com)
- Proposition 8 Overturned (blogcritics.org)
- Breaking News: SF Judge Shoots Down Proposition 8 (blogs.wsj.com)
- Gay Marriage Ruling Overturned (theroot.com)