Judge Vaugh Walker’s ruling should not come as a surprise to anyone who followed the trial. What Judge Walker concluded was that:
Proposition 8 fails 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. Because California has no interest in discriminating against gay men and lesbians, and because Proposition 8 prevents California from fulfilling its constitutional obligation to provide marriages on an equal basis, the court concludes that Proposition 8 is unconstitutional.
Here is the full court decision (h/t Legal Insurrection)
This is by no means the end of the story. Judge Walker’s ruling will no doubt be challenged and this case will work its way up to the Supreme Court. This ruling will surely bring renewed focus onto Elena Kegan’s confirmation. How could it not, given the persistent questions regarding her sexual orientation?
On the issue of gay marriage, I think I hold an unpopular opinion among conservatives. In the battle over gay marriage, I believe conservative’s best efforts will only delay the inevitable. I say this because, time and time again when I discuss this issue with 20 and 30 year olds on both sides of the aisle, I find a large degree of acceptance. Unless these 20 and 30 year olds have some sort of epiphany regarding gay marriage, they will eventually undo all the roadblocks currently being put in place by this generation.
Because so many of the younger generation is on board with gay marriage, I have to wonder why gay rights activist insist upon foisting gay marriage on this generation. Time and time again this generation has made it quite clear they believe marriage is between one man and one woman. Ten years from now when the twentysomethings and thirtysomethings gain political clout, gay rights activist will have what they want without much of a fight.
Gay rights activists’ current plan to use the court system to push the issue today seems like a risky endeavor. It may very well backfire and create a legal precedent that may take yet another generation to overturn.
For a deeper legal analysis of Judge Walker’s ruling, skip over to Legal Insurrection blog.
Via: The LA Times
Via: Michelle Malkin
H/t: Legal Insurrection