Wednesday, August 04, 2010

California Judge Overturns Prop 8...

Overturning the will of the people.
This is a much bigger deal now than it was before... 
Walker found that the gay marriage ban violates the Constitution's due process and equal protection clauses while failing "to advance any rational basis in singling out gay men and lesbians for denial of a marriage license."
"Indeed, the evidence shows Proposition 8 does nothing more than enshrine in the California Constitution the notion that opposite-sex couples are superior to same-sex couples," the judge wrote in his 136-page ruling. - Judge overturns Calif. gay marriage ban .

“Marriage exists prior to the state and is not given to redefinition by the state. The role of the state is to respect and reinforce marriage.” - Bishop Joseph Kurtz


  1. I believe the judge is gay...

  2. Did you see this article on this awesome young artist???

    Cpoy and paste the link into your browser..


  3. Sara - I will check it out.

    Adrienne - No surprise there, huh?

  4. The judge is homosexual. No doubt about that. That calls into question all of his legal judgments.

  5. Churches with conservative religious and political groups are entitled to their views and personal practice. But there is no basis is US constitutional law for denial of the right to contract marriage because of gender.

    Judge Walker's ruling and order is very detailed and tightly worded on the basis of constitutional law. I personally expect his decision will stand on appeal. Catholics will still be free to go about their business and personal lives. On the other hand, LGBT people are a fact that is here to stay in civil society. That fact must be respected as the law changes.

  6. Adrienne and Ray:

    Check out Judge Vaughn R. Walker's biographical profile here

    Yes, Walker is one of two openly gay federal judges. However he is also a Republican appointed to the bench by both presidents Ronald Reagan and George H W Bush. Walker received the unanimous consent of the US Senate for his appointment. He has been a US federal judge for over 20 years.

    Given the tight logic, cogent reasoning and heavily detailed opinion Walker produced in this instance, insinuations regarding his personal sexual orientation are themselves not likely to get very far in professional legal circles.

  7. michael r.6:47 AM

    Would heterosexual judges recuse themselves because the marriage issue involves them?

    A homosexual is not fit to be a judge? Please explain, Ray.

  8. I find it interesting that 12 hours later, the Los Angeles Times still has not mentioned that the judge is a homosexual.

    The point I am making is not whether or not his disability is a handicap, but whether it is news. But the ultra-liberal press (see Tom Roeser yesterday) only reports the facts within the context of their ultra-liberal belief systems.

    And those ultra-liberal belief systems are every bit as strong as those of the most conservative Catholic.

  9. Civil rights should not be up for a popular vote.

    If they were, I wonder if our schools would still be segregated.

  10. Michael r.:

    Please point out to me where I said that a homosexual is not fit to be a judge.

    You are playing the "homosexual lawyer game" where you make outrageous accusations based on virtually no evidence in attempts to intimidate those who are opposed to the homosexual political programs.

  11. I thought the "voice of the people" had some kind of a judge can overturn the "voice of the people"?
    Can't the dissenters take a lesson here?
    The Pope, the Magisterium, when they
    override the "voice of the faith(less)" their craziness, all hell breaks loose...interesting.

  12. nazareth:

    The electorate does have "sway," as you put it. However vote by referendum is, like all laws in the USA, subject to judicial review. We have a three part governmental system of legislative and executive in which the judiciary is a co-equal part.


    To be fair, you did NOT say Vaughn Walker was "not fit to be a judge." What you did say was that Walker's reputed sexual orientation "calls into question all of his judgments." When you say "all," that is pretty sweeping.

    Further, it appears that Walker also has a wife and kids. So I certainly can't go along with this "gay judge" business until the actual truth is known. Even then, so what? It's the quality of the work he produces as a jurist that matters and not his sexual orientation.

  13. michael r.7:49 AM

    Someone else answered the question, Ray, but I read "That calls into question all of his legal judgments" as questioning his legal standing -- his fitness to be a judge. You don't know what I think about homosexual marriage so please don't make assumptions. Maybe we're getting our 'Michaels' mixed up. I'm sorry if I sounded intimidating.

  14. Robert Zacher:
    "When you say "all," that is pretty sweeping. "

    I'll stand corrected on that one. I didn't mean his traffic court appeals. I meant his 130 page opinion.

    It is interesting to learn that the judge is married. Just one more sign that the homosexual definition of marriage doesn't mean fidelity to the spouse for life. The judge's wife must be remarkably understanding (or he is very wealthy and she loves the life style).

    Homosexual marriage apparently has the option so that each of the partners must seek permission from the other if they want to go out on the town and get some action. But they have to come back and describe to the their partner what they did in detail.

    I doubt that they have to tell if they had unsafe sex.


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