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Thursday, August 5, 2010

Judge Walker's Decision Waits to be Overturned

By Joe Carter, First Things


If there was any doubt that Judge Vaughn Walker would allow his personal views of homosexuality trump legal reasoning, he removed that with his ruling today overturning California’s ban on same-sex marriage. Fortunately, the reasoning is so jaw-droppingly stupid that it will be overturned on appeal when it reaches the Supreme Court. Since Walker is (presumably) not a stupid man, he has to know that his ruling is weak and has no basis in actual reason. The only explanation is that he decided that sending a message of support to his friends in the gay community was more important that applying coherent legal reasoning to interpret the law.

Admittedly, this is a serious accusation. Yet I think it can proven with a simple test: Ask Judge Walker if his reasoning applies to polygamous marriage. In the decision he handed down, Walker find no rational basis for denying this fundamental right to same-sex couples. But every one of his reasons applies equally to polygamy.

Read it all here.

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