Activist Judge Rules CA Marriage Amendment Unconstitutional
Yesterday, in Perry v. Schwarzenegger, federal Judge Vaughn Walker ruled California’s marriage amendment unconstitutional. There is a stay on the case through tomorrow preventing the judge’s ruling from taking effect immediately and allowing gay couples to marry in California; however, this preposterous ruling has the potential to be devastating for the definition of marriage as well as the integrity of the democratic process.
In November of 2008, California voters, while electing President Barack Obama, also passed Proposition 8 (52% to 48%) declaring marriage as the union of one man and one woman. Sadly, when groups fail to win in either the legislature or on the ballot, they turn to the courts. This is precisely what happened in California. An accurately defined democratic process should not allow for a handful of activists to overturn what a majority has conclusively and legally decided! Fortunately, yesterday’s opinion is far from final. Pro-family advocates have immediate plans to appeal yesterday’s ruling to the Ninth Circuit Court of Appeals with good chances that the case will eventually reach the U.S. Supreme Court.
In his opinion, Judge Walker singularly waived off as irrelevant any “moral and religious views [that] form the only basis for a belief that same-sex couples are different from opposite-sex couples.” Some have called Judge Walker’s impartiality regarding this case into question, as he is openly homosexual. Adding to the skepticism, Judge Walker will be the judge ruling tomorrow on the request to place a stay on his own ruling.
In Virginia, the homosexual lobby has lost time and time again both on the ballot and in the General Assembly elected by the people. With this California decision, an activist judge gave away marriage. The people of Virginia have stated very plainly that they don’t want anything like that to happen here.
Counterfeit forms of marriage cheapen and undermine real marriage. The union of a man and a woman in a committed marriage is the foundation of a stable society. Traditional marriage and family are too important to society to experiment with to advance a political agenda. Social science is clear that men, women, and children benefit far more in a stable, traditional family. Regardless of this California decision, The Family Foundation will continue to fight to protect the definitions and institutions of marriage and family in our Commonwealth.
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