Reagan appointee Federal District Judge Vaughn Walker, probably best known--ironically--for gay opposition to his appointment, struck down, on grounds of due process and equal protection, the November 2008 Proposition 8 to RESTORE traditional marriage, which had been struck down by an activist California Supreme Court months earlier. This case was unusual in several respects including the fact that the 2 principal litigators in Gore v Bush joined together to argue in favor of the reversal and the original defendants, Gov. Schwarzenegger (R) and Attorney General and current gubernatorial nominee Jerry Brown (D) pointedly refused to defend Proposition 8.
I have not reviewed the decision, but based on summaries of the case and arguments I've seen, I was not happy with the defendants' case (in fact, they only presented two witnesses) nor with the judge's ruling and reasoning.
I would be very sympathetic to the judge's decision (i.e., equal protection and due process)--if we were talking about marriage being a de novo institution granted privileges and rights by the majority at the expense of minority (gay) individuals.
This is clearly not the case. Marriage is a traditional institution which predated the American Constitution; it is the fundamental basis of the family. Traditional marriage has been observed not only by all 50 states since their birth, but for millennia, across nations, cultures, and ethnic groups; for whatever sociological or religious reasons, these norms (including monogamous relationships) did not emerge arbitrarily but served functional purposes.
It should hardly be necessary to admonish Judge Walker about the history of marriage in California; in fact, a functional equivalent of gay marriage, domestic partnerships, with certain guaranteed marital-type rights, e.g., hospital visitation and inheritance, had been formally part of the California system since the early 2000's. Gay activities decided they weren't satisfied with "second-class" domestic partnerships. and Judge Walker agreed:
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,Absolute rubbish, little more than capitulation to political correctness. All Proposition 8 and earlier California marriage laws say is that traditional marriage is acknowledged, supported and protected. Gay relationships have existed during the same millennia, but there is no comparable durable institution. The difference in large part rests on the biological fact of procreation within the concept of marriage and family. I don't think marriage is superior to domestic partnerships per se; I simply see the relationships as intrinsically different.
The Welfare Act for State Public Employees Act Beats Senate Filibuster: Thumbs WAY DOWN!
The liberal GOP Republican Senators for Maine once again voted to end a filibuster 61-38. This misguided attempt to save a politically favored group of about 300,000 state employees, including teachers, police and firemen, comes with the risk of moral hazard, as states learn to set expectations on federal bailouts.. The Democrats will spent $26B on their crony special interest groups (just put it on the national debt tab...).
Political Cartoon
Nate Beeler notes a rare Apple miscue.As to the second point, in contrast to the Peter Principle, I guess I'll specify the Guillemette Principle: "Progressives rise to their highest level of condescension, hypocrisy and incivility." Desperately searching for any incidental facts and convenient stereotypes to discredit the legitimate reaction to partisan overreach by the hidden agenda President, whom had presented himself as a political moderate, and progressive leadership in Congress, progressives like the marginally talented Janeane Garofalo smear people they don't know:
It's not about bashing Democrats, it's not about taxes, they have no idea what the Boston tea party was about, they don't know their history at all. This is about hating a black man in the White House. This is racism straight up. That is nothing but a bunch of teabagging rednecks. And there is no way around that. And you know, you can tell these type of right wingers anything and they'll believe it, except the truth. You tell them the truth and they become -- it's like showing Frankenstein's monster fire. They become confused, and angry and highly volatile.
Quote of the Day
For peace of mind, we need to resign as general manager of the universe.
Larry Eisenberg
Musical Interlude: The American Songbook Series
Dinah Shore, "I'll Walk Alone"
