Thursday, August 5, 2010

California's definition of marriage law overturned

Yesterday, in a glaring example of judicial activism, Chief US District Judge Vaughn Walker struck down California’s law defining marriage as between a man and a woman. In striking down the law, Judge Walker, himself an open homosexual who should probably have recused himself from the case (, ignored both state and federal precedent as well as thousands of years of tradition. Judge Walker also discounted the more than 7 million votes that were cast in favor of the law (

California’s first law defining marriage was ruled unconstitutional in 2005 ( In response, marriage defenders mounted a campaign to place Prop 8 on the ballot. The measure passed with more than 52% of the vote in 2008 and amended California’s constitution to define marriage as between a man and a woman.

Contrary to popular opinion, the measure did not ban gay marriage. It preserved marriage as it always had been throughout history as between a man and a woman. Homosexuals could still marry provided they married a person of the opposite sex. They had exactly the same rights to marriage as anyone else. Since California’s constitution was amended to define marriage as between a man and a woman, the law was constitutional with respect to the California constitution.

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