A landmark court ruling came down from Judge Vaughn Walker in California Wednesday. He concluded that Proposition 8—California’s ban on same-sex marriage—is unconstitutional. The proposition was supported by an overwhelming seven million California’s. 52% of voters decided to overturn a decision made by California’s state Supreme Court to legalize same-sex marriage. Even before Judge Walker ruled, both sides stated that they would appeal and send the case to the U.S. Supreme Court. Until the appeals process is complete, it’s likely no change in the law will occur.
Supporters say that Prop 8 protects the traditional form of marriage between a man and a woman, while opponents say gay couples are unfairly discriminated against under the law.
Religious and conservative groups, which sponsored Proposition 8, have asked the court to stay Walker’s decision so that gay couples could not legally marry while the case is in the appeals process.
The case is historic because it marks the first time a federal court will decide whether a state can constitutionally bar same-sex couples from getting married.
The suit, which kicked off this January, pitted Proposition 8 against the U.S. Constitution. Homosexual activists, led by powerhouse attorneys like Ted Olson and David Boies, claim that the state’s marriage amendment violates the “civil rights” of same-sex couples under the U.S. Constitution. The National Organization for Marriage has stated that, “It’s important for Americans to recognize that with this decision, it ceases to be a California case. Since supporters of the law have promised an appeal, it means that this will become a national issue.”
Again, “Although the media keeps referring to it as “the Prop 8” case, this lawsuit has the ability to affect every marriage law in America because Judge Walker ruled that defining marriage as the union of a man and woman violates the federal Constitution–and if that ruling is upheld all the way through the Supreme Court–it would mean that same-sex “marriage” would be legal in all 50 states. This would serve to overrule the will of the people all in states that have passed laws stating that marriage is only between one man and one woman; essentially every federal statute and state amendment. Only five states and the District of Columbia have legalized same-sex marriage. That makes this case, quite literally, the Roe v. Wade of marriage.”
Just like the recent ruling from a judge in Boston who ruled that the Defense of Marriage Act unconstitutional, we are seeing judicial arrogance yet again with Judge Walker. This judicial oligarchy disrupts the voice of the people in over majority of states that have struck down gay marriage.
There is light at the end of the tunnel. The appeal of this case will go to the liberal 9th Circuit court of appeals, which will likely support Judge Walker’s ruling, but would then be appealed to the Supreme Court. With the current makeup of the court, there is a good chance that Proposition 8 would be upheld and perhaps a more ironclad ruling will be made in support of traditional marriage.
In a bit of irony, the supporters of gay marriage may have shot themselves in the foot by bringing this suit against Prop 8 now given the timing and natural process of the appeal process. In fact, there were many gay activists who resisted this lawsuit against Prop 8 at this time for this very reason. Regardless, this current ruling is a striking example of judicial activism that needs to be dealt with by appointing judges who do not legislate from the bench.
Unfortunately, we are likely going to see more rulings like this in the future, which is why a federal marriage amendment may be a necessary next step.
