SACRAMENTO, CA (Catholic Online) - I remember the day Judge Vaughan Walker's opinion striking down Proposition 8 was released, August 4, 2010. The crowds outside the Courthouse waved homosexual Rainbow flags and signs emblazoned with the latest popular slogan of the Homosexual Equivalency movement "All Love is Equal".Please, continue reading here.
The mistaken opinion was a foregone conclusion. Judge Walker had heard 13 days of testimony and legal arguments in his review of California's Proposition 8. He signaled his leanings many times throughout the trial. The proposition declared marriage to be what it is, a union between a man and a woman. It was properly passed by 7 million Californians. The Judge did not like the Proposition.
Questions were raised concerning his impartiality. He was rumored to be a practicing homosexual who was living with his male paramour. However, this was deemed to be irrelevant. Months after issuing a 138 page opinion - which the homosexual equivalency movement viewed as a great accomplishment in their cultural revolution - the judge retired and later told reporters he was homosexual and had been living with a male doctor for ten years.
In Walker's opinion he wrote: "Proposition 8 fails 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. Because California has no interest in discriminating against gay men and lesbians, and because Proposition 8 prevents California from fulfilling its constitutional obligation to provide marriages on an equal basis, the court concludes that Proposition 8 is unconstitutional."
In an act of judicial imperialism, Judge Walker set aside Proposition 8. He also became an icon for the New Cultural Revolution, lending the authority of his judicial office to a fringe group who opposed the will of the people and the truth confirmed by the Natural Law about the nature of authentic Marriage. He succumbed to the mistaken notion that his judicial office gave him the ability to change the structure of reality...
Commentary. Legalized same-sex Californication must now wait, as the Supreme Court of that state, answered a question from the 9th Circuit recognizing a citizen's right to defend an approved voter measure when the governor and attorney general of said state fail to defend the law. Deacon Fournier is skeptical of the 9th Circuit ability or desire to uphold Proposition 8 in California, as am I. Nevertheless, the Supreme Court of California lacked the will to gut democracy completely in their state and that is good.
Mark my words: there is no natural right for a person to marry someone of the same sex and therefore, all human positive law seeking to undermine or nullify the order God has placed in nature cannot bind the consciences of the faithful. Catholic Christians are bound in conscience to disobey those unjust laws whenever they are forced to comply with them and to work actively to change them.