California Judge Manufactures Right to Homosexual 'Marriage', Sets Aside Proposition 8

Perry v. Schwarzenegger Opinion makes history, set on a path to the US Supreme Court


Deacon Keith Fournier

  Catholic Online

SAN FRANCISCO, CA (Catholic Online) - The crowds swelled in number waving homosexual Rainbow flags and signs emblazoned with the latest popular slogan of the Homosexual Equivalency movement "All Love is Equal".  The opinion of Judge Vaughan Walker was a foregone conclusion. He heard 13 days filled with testimony and legal arguments in his review of California's Proposition 8 which declared marriage to be what it is, a union between a man and a woman. He had signaled his leanings many times throughout the trial. Now it is clear, he has  decided to make history by issuing the following ruling:

"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."

With the stroke of a judicial pen this Judge set aside Proposition 8, which reflected the clear will of the people of California. He chose to become an icon for the New Cultural Revolution, lending the authority of his office to a fringe group who oppose the will of the people and the clear truth confirmed by the Natural Law about the nature of Marriage. He has succumbed to a mistaken notion of his judicial power which deludes him into thinking he can change the very structure of reality. As to the rejecting will of the people of California expressed by the passage of Proposition Eight, he wrote:

"Plaintiffs have demonstrated by overwhelming evidence that Proposition 8 violates their due process and equal protection rights and that they will continue to suffer these constitutional violations until state officials cease enforcement of Proposition 8.  California is able to issue marriage licenses to same-sex couples, as it has already issued 18,000 marriage licenses to same-sex couples and has not suffered any demonstrated harm as a result,...; moreover, California officials have chosen not to defend Proposition 8 in these proceedings."

"Because Proposition 8 is unconstitutional under both the Due Process and Equal Protection Clauses, the court orders entry of judgment permanently enjoining its enforcement; prohibiting the official defendants from applying or enforcing Proposition 8 and directing the official defendants that all persons under their control or supervision shall not apply or enforce Proposition 8. The clerk is DIRECTED to enter judgment without bond in favor  of plaintiffs and plaintiff-intervenors and against defendants anddefendant-intervenors pursuant to FRCP 58"

The proponents of this New Cultural Revolution demand a legal equivalency between homosexual relationships and true marriages. In their zeal some believe they are fashioning a better world. They reject the truth concerning marriage, the implications on children, the structure of society and the real common good. Authentic marriage, and the family and society founded upon it, are the foundation of a free society. This is not only a "religious" position, it is accepted across cultures and has informed Western Civilization. It is affirmed by the Natural law which can be known by all men and women through the exercise of reason. Marriage - and the family founded upon it - is the first society, the first church, the first hospital, the first school, the first economy, the first government and the first mediating structure of our entire social order.  

The "talking points" parroted by most of the main stream media all day long were taken right out of the propaganda playbook of the Homosexual Equivalency Activists playbook. Groups such as the Human Rights Campaign and the Lambda Legal Defense Fund know what they are doing and are well funded. They are trying to make a comparison between this incorrect opinion and the correct opinion in the 1967 Supreme Court Case of Loving v. Virginia. That correct opinion properly struck down as unconstitutional the Virginia law prohibiting marriage between a black man and white woman or black woman and white man.

The comparison the Homosexual Equivalency Activists make is an utterly false one. The Lovings, whose marriage became the basis of that important US Supreme Court opinion, were a man and a woman. As such they were capable of and entered into a marriage. It was an unjust law which declared their proper and loving union to be "illegal" because they had differing skin pigmentation! It was rightly struck down as an egregious violation of the Equal protection clause.

What the proponents of the Homosexual Equivalency Movement demand is that the Police Power of the State be used to force people to call a relationship which is incapable of being a marriage -  a relationship between a man and a man or a woman and a woman who engage in non-marital sexual acts together for a protracted period of time- be legally treated as a marriage. It amounts to a new kind of alchemy and the alchemists are the judges being used in this New Cultural Revolution. Opposition to calling homosexual partnerships equivalent to true marriage in the law has nothing to do with discrimination. Not all relationships can form the basis for a marriage. Not all "love" is equal, in spite of the slogans in the posters waved all afternoon outside that Courthouse.

This case will now be appealed to the 9th Circuit Court of Appeals. However, there is little doubt it will end up at the US Supreme Court.