Wednesday, August 4, 2010

The Judge Decides In California's Prop 8 Case

Judge Vaughn Walker of the 9th District Court struck down California's Proposition 8 which constitutionally banned gay marriage in California on grounds of due process and equal protection.  It was instantly appealed to 9th Circuit Appeals Court and will probably wind up in the Supreme Court.  What I loved about his opinion is he makes some critical observations which Maggie Gallagher and her NOM cohorts are going to have trouble re inventing.  The following is from the Huffington Post coverage.

In deciding the case, Walker offered a variety of findings that may be as important as the ruling itself. Among them were the following:

•"Sexual orientation is commonly discussed as a characteristic of the individual. Sexual orientation is fundamental to a person's identity and is a distinguishing characteristic that defines gays and lesbians as a discrete group. Proponents' assertion that sexual orientation cannot be defined is contrary to the weight of the evidence."

•"Individuals do not generally choose their sexual orientation. No credible evidence supports a finding that an individual may, through conscious decision, therapeutic intervention or any other method, change his or her sexual orientation."

•"Same-sex couples are identical to opposite-sex couples in the characteristics relevant to the ability to form successful marital unions. Like opposite-sex couples, same-sex couples have happy, satisfying relationships and form deep emotional bonds and strong commitments to their partners. Standardized measures of relationship satisfaction, relationship adjustment and love do not differ depending on whether a couple is same-sex or opposite-sex."

•"Marrying a person of the opposite sex is an unrealistic option for gay and lesbian individuals."

•"Same-sex couples receive the same tangible and intangible benefits from marriage that opposite-sex couples receive."

•"The availability of domestic partnership does not provide gays and lesbians with a status equivalent to marriage because the cultural meaning of marriage and its associated benefits are intentionally withheld from same-sex couples in domestic partnerships."

•"Permitting same-sex couples to marry will not affect the number of opposite-sex couples who marry, divorce, cohabit, have children outside of marriage or otherwise affect the stability of opposite-sex marriages."

Judge Walker more or less hit all the bogus arguments, while leaving God totally out of it, which is as it should be in a secular society.  I bet the NOM bus is not rolling merrily along tonight.  I bet the drinks flow for different reasons at the K of C convention.  I bet there will be celebrations across the land for gay couples and their families and somewhere a very depressed young gay teen may suddenly have a glimmer of hope.


  1. Colleen -

    I am VERY happy that this decision was reached! And due to some excellent reasoning, as I have been observing on MSNBCs Olbermann & Maddow shows.

    Indeed, 'religion' has no place in civil law, as per the law of the land. AND as per the Gospel of Jesus Christ! The only type of 'public morality' which Christ preached was the Leaven of the Kingdom. That is: if you have genuine faith, then you will act the part.

    ...and your words & deeds will clearly display this 'Leaven'. Without posturing, screaming, ranting or protesting. The love of Christ will be manifest in your person. Others will learn from you & desire to have this in them. Thus, the 'Leavening' action He spoke of. It would be a natural occurance - as it was in the pre-Nicean Church.

    As the Knights of Columbus were the principal supporters AND funders of of Anti-Gay hate rallies, marches, protests.....and the very legislation which has just been struck down, they will have good reason to drink.

    My view is: they have DARED to play Chess with God.....and lost. God Checkmated them, right in the middle of their Uber Pious Convention of Self-Righteousness.


    Anon Y. Mouse

  2. NY Times, great editorial:

    "Marriage is a Constitutional Right"

    I love this ruling!!! I pray it stands.

  3. Bravo for Judge Vaughn Walker!

    Colleen, I appreciated your highlighted list of points the judge made in the ruling demolishing NOM's biased rhetoric.

    I would just add this one from the headlines at Huffington Post. “Moral disapproval alone is an improper basis on which to deny rights.”

    Yes, the wheels are coming off the NOM bus. Maybe the Catholic bishops and the K of C could start giving their money to worthy causes again instead of supporting bigotry.

  4. I swear God does have a sense of humor. I laughed and laughed when this ruling came down precisely because the K of C was engaged in their self congratulatory uber pious convention of self righeousness and the NOM bus was rolling along into oblivion.

    So much for the idea of 'brothers keepers' meaning we brothers get to keep and you other brothers get kept out.

  5. "Maybe the Catholic bishops and the K of C could start giving their money to worthy causes again instead of supporting bigotry."

    While watching the Uber-pompous, self righteous & self-congratuatory opening mass of the KOC convention, I was sickened. These lying hypocrites are SO proud of their pride.

    ...and of their recent $1million gift of a mosaic in one the the domes of the Basilica, which 'Donna' proudly blessed, amid great ceremony.

    God's Response? 'bitch-slap to the head' in the form of the Judge's ruling!

    The KOC has amazing vast millions (if not billions) in assets. And rather then FEED the hungry....or house the growing numbers of newly homeless/foreclosed families......they erect monuments to themselves? And their outrageous pride & hate of their brothers & sisters?

    I clearly see the Hand of God in this.

    Anon Y. Mouse

  6. Honestly, who could blame a couple, right now, if they are both Catholics, deciding that their marriage should be performed "outside" the RCC? All this hypocrisy might certainly have led me to question letting the "church" preside at my marriage!