Federal judge declares the institution of marriage to be in violation of the equal protection of the laws
Last August I wrote about the federal suit to overturn California’s Proposition 8 which declares marriage in California to be the union of a man and a woman:
What are the chances of the plaintiffs’ prevailing? My first thought is that, even under the established revolutionary ground rules of modern Constitutional jurisprudence, under which federal courts on their own authority essentially re-wrote large parts of the Constitution to fit their own desires, a federal court is not going to hold that a state constitution’s declaration that marriage is the union of a man and woman violates the equal protection of the laws under the 14th Amendment. But maybe I’m wrong. Let’s not forget Lawrence v. Texas. If the U.S. Supreme Court could overthrow all sodomy laws in the U.S. on the basis that they violate the mysterious zone of privacy that was invented by the Supreme Court in Griswold v. Connecticut, and that was further expanded into cosmically defined liberty by the Court in Planned Parenthood v. Casey, would it be that much of a stretch for federal courts to overthrow state laws and constitutional enactments declaring that marriage is the union of a man and woman, on the basis that such measures violate the equal protection of the laws?Well, I was wrong, at least regarding federal district court. Federal judge Vaughn Walker has thrown out Prop. 8 on “equal protection” grounds. The case will now go to the Ninth Circuit Court of Appeals and then the U.S. Supreme Court. However, if the Supreme Court ultimately upholds Walker and shoots down Prop. 8, that would be the equivalent of the survival of Obamacare: the decisive end of any plausible connection between the historical and constitutional America and America as it now exists. It will henceforth be impossible for any intellectually honest person to think of America as a constitutional system under the rule of law, since America will have become in reality a lawless system under the rule of radical leftist dictators. I still believe it’s unlikely the Supreme Court will go that far and knock down Prop. 8, but obviously I could be wrong.
Laura Wood writes at The Thinking Housewife:
THE EFFORT to legalize same-sex marriage achieved another significant victory yesterday with the California federal court ruling striking down Proposition 8. In light of this development, it is time for traditionalists to consider civil disobedience in the realm of marriage.August 7
Sophia A. writes:
I wish you would calm down about this. I understand your emotions (this shouldn’t happen) but in life, should doesn’t exist. It is happening, and this is the best thing that could have happened.
Posted by Lawrence Auster at August 04, 2010 10:43 PM | Send