Proposition 8: Democracy Overruled

In a stunning decision, a federal judge overturned the will of the people, and overruled the ban on gay marriage which the voters had approved. This is judicial activism gone wild. The federal judge who overturned Proposition 8 stated that the ban on gay marriage was based on moral disapproval of gay marriage and ordered the state of California to stop enforcing the ban.

The Judge's Rationale

U.S. District Chief Judge Vaughn R Walker announced his decision in a 136 page document. The judge said that the state of California has no interest in distinguishing between normal opposite-sex marriages and same -sex marriages.

The judge believes that religious and moral views are the only grounds for believing that same-sex couples are different from opposite-sex couples. His ruling struck down Proposition 8 as a violation of federal constitutional guarantees of due process and equal protection.

Walker cited comprehensive trial evidence to support his ruling. He believes there simply is no rational basis for excluding lesbians and gays from marriage. Higher courts must accept trial judges rulings on issues of fact, but they still could determine that Judge Walker was wrong on the law.

Walker temporarily stayed his order until Friday, August 6 to give supporters of Proposition 8 time to file an appeal and ask for a long term stay. The decision will probably delay the resumption of gay marriages in the state of California. Government officials on West Hollywood and in Los Angles County, were evaluating the ruling before deciding if they would start issuing licenses for same-sex marriages.

The Appeal

Supporters of the ban say they will immediately appeal. The Alliance Defense Fund is the organization which argued to uphold the ban in Walker's court. Austin R. Nimocks is the senior legal counsel for that organization and he confirmed that that they would appeal.

Source: Maura Dolan and Carol J. Williams of the Los Angles Times, Judge tosses out ban on gay marriage, The Citizens' Voice Newspaper, August 5, 2010.