Chief U.S. District Judge Vaughn Walker, an openly homosexual man, has ruled against California’s Prop.8. The Gay community of San Francisco doesn’t think that there is a conflict of interest or that being openly homosexual was an influencing factor.
Many gay politicians in San Francisco and lawyers who have had dealings with Walker say the 65-year-old jurist, appointed to the bench by President George H.W. Bush in 1989, has never taken pains to disguise – or advertise – his orientation.
Californians held a referendum on gay marriage after the Supreme Court voted for legalization of gay marriage. Prop. 8 ruled that marriage was to be between a man and a woman.
California voters passed the ban as Proposition 8 in November 2008, five months after the state Supreme Court legalized gay marriage.
Supporters argued the ban was necessary to safeguard the traditional understanding of marriage and to encourage responsible childbearing.
Walker, however, found it violated the Constitution’s due process and equal protection clauses while failing “to advance any rational basis in singling out gay men and lesbians for denial of a marriage license.”
“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,” the judge wrote in his 136-page ruling.
He also said proponents offered little evidence that they were motivated by anything other than animus toward gays — beginning with their campaign to pass the ban, which included claims of wanting to protect children from learning about same-sex marriage in school.
“Proposition 8 played on the a fear that exposure to homosexuality would turn children into homosexuals and that parents should dread having children who are not heterosexual,” Walker wrote.
Walker heard 13 days of testimony and arguments since January during the first trial in federal court to examine if states can prohibit gays from getting married.
Walker is a Republican that was nominated by Reagan, but his nomination was held up by gay activists, he was later appointed by H.W. Bush.
He was appointed by Ronald Reagan, but his nomination was held up for two years in part because of opposition from gay rights activists. As a lawyer, he helped the U.S. Olympic Committee sue a gay ex-Olympian who had created an athletic competition called the Gay Olympics.
Walker is a Republican. He said he joined the party while at Stanford University during the Vietnam War protests, and spent two years clerking for a judge appointed by Richard Nixon.
Currently, Gays can only marry in Massachusetts, Iowa, Connecticut, Vermont, New Hampshire, and Washington, DC. Walker has asked both sides to submit paperwork by Friday so that he can determine whether to allow marriage during the appeals process.
Legislating from the bench has been considered a tactic of the Left, this is a bit different since Walker is a registered Republican.
A professional horseman for over 50 years, Skook continues to work with horses. Skook has finished an historical novel, Fifty Thousand Years, that traces a mitochondrial line of DNA from 50,000 years ago to the present. The story follows a line of courageous women, from the Ice Ages to the present, as they meet the challenges of survival with grit and creativity. These are not women who whimper of being victims, they meet the challenges of survival as women who use their abilities without excuses or remorse, these women are winners, they are our ancestors.
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