Federal Judge Overturns California's Same-Sex Marriage Ban

Categories: Opinion

August 4, 2010

A federal judge today overturned a California ban on same-sex marriage, ruling that the Proposition 8 ballot initiative was unconstitutional.

U.S. District Judge Vaughn R. Walker is openly gay, but that's probably irrelevant.  What is relevant is that the judge made statements that indicate he doesn't understand the issue, or that he understands the issue but was simply biased for some reason (i.e., he's gay).

According to Walker, "Proposition 8 fails to advance any rational basis in singling out gay men and lesbians for denial of a marriage license."

Proposition 8 had nothing to do with gays and lesbians.  It simply defined marriage in the California constitution to reflect the federal definition found in the Defense of Marriage Act (DOMA).  It doesn't "[single] out gay men and lesbians for denial of a marriage license".  Gays and lesbians can marry just the same as everyone else.  But a man cannot marry a man, and a woman cannot marry a woman.  It doesn't matter whether the participants are straight or gay.  Everyone - both homophobes and heterophobes - are treated equally and fairly.  There is no discrimination.  Therefore, Proposition 8 is not unconstitutional.

But, of course, that doesn't matter.  The goal of the opponents of Prop 8 is not that everyone be treated equally and fairly.  It's simply to make themselves (gays) happy at everyone else's expense.

Gays, lesbians, and at least one openly gay judge want to force their beliefs on the rest of society, and change tradition to fit their deviant lifestyle, regardless of what the rest of society wants.  They want us to believe that the voters who made the decision on Proposition 8 are being selfish and are ignoring the rights of the homosexual minority.


Men have never had the right to marry other men.  Women have never had the right to marry other women.  There is no such thing as same-sex marriage.  There never has been.  The voters of California decided that there never should be, and the majority of Americans agree.  But a single judge, who happens to be gay (which is probably not a factor), decided it doesn't matter what Californians want for themselves.

America must decide that it does.


User Comments:
Jonas - Jun 13, 2011 12:08:38 — Lawyers Target Gay Marriage Ruling By California Judge

San Francisco — A retired federal judge's long-term relationship with another man will be the subject of an unusual and possibly unprecedented court hearing Monday involving California's same-sex marriage ban.

Lawyers for the sponsors of the voter-approved ban are asking the chief federal judge in San Francisco to vacate the decision issued by his predecessor last year that declared Proposition 8 an unconstitutional violation of gay Californians' civil rights. They maintain that former Chief Judge Vaughn Walker should have recused himself or disclosed his relationship status before trial because he and his partner stood to personally benefit from Walker's verdict.

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