Right Thinking From The Left Coast
The price of anything is the amount of life you exchange for it - Henry David Thoreau

Wednesday, August 04, 2010

Prop 8 Goes Down

Hold on to your hats:

A federal judge in California on Wednesday struck down the state’s ban on same-sex marriage, ruling that voter-approved Proposition 8 violates the U.S. Constitution—handing supporters of gay rights a major victory in a case that both sides say is sure to wind up before the U.S. Supreme Court.

The 136-page opinion, issued by Chief U.S. District Judge Vaughn Walker in San Francisco, is an initial step in what will likely be a lengthy fight over California’s Proposition 8, which defines marriage as a union between a man and a woman.

At stake in the trial was whether California’s ban on same-sex marriage violates gay couples’ rights to equal protection and due process, as protected by the U.S. Constitution.

Walker, will of course be denounced as a liberal activist judge and probably get the same kind of death threats Judge Bolton has gotten for staying the Arizona immigration law.  Walker, however, was a Bush 41 appointee and failed to be a Reagan appointee because the Democrats branded him as “anti-gay” for representing the IOCUSOC in a lawsuit against the “gay olympics”.  And one of the principle attorney representing the opposition to Prop 8 was Ted Olsen, Bush 43’s solicitor general.  (And how is the Left going to grok that?  The Republican attorney from Bush v. Gore just handed them a legal victory).

I haven’t expressed my opinion on this because (1) I didn’t expect the suit to work; (2) I’m not sure what my opinion is.  While I support gay marriage, I’m not sure I like it being done this way.  Deciding these thing in the judiciary tends to only inflame opinion, as will be demonstrated over the next 24 hours by the exploding mics on Limbaugh, Hannity, et al.  But Walker’s opinion is quite persuasive.

This isn’t over by any means.  Appeals will follow.  But this debate just got a hell of a lot hotter.

Update: As I expected from the Right Wing, howls of anger, calls for Congressional action and screams to defeat Elena Kagan’s nomination.

Update: Judge Walker is apparently gay, so expect that to play a role in the response to his decision.  (It also makes the Democratic opposition to his appointment bizarre).  Reading his decision, I couldn’t tell whether he was gay or not.  He stuck very closely to reason and law.

Posted by Hal_10000 on 08/04/10 at 09:34 PM in Politics   Law, & Economics  • (0) TrackbacksPermalink
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