A Homosexual Judge Ruled Proposition 8 Unconstitutional

John R. Houk

© April 16, 2011

On Election Day November 2008 California voters passed Proposition 8 which bans same-sex marriage. Reprobate homosexuals were caught a bit surprised considering large portions of California are the Sodom and Gomorrah of America. More disturbing was the fact a Federal Judge ruled Proposition was Unconstitutional a couple of years later on August 4, 2010. It was not surprising that an activist judge ruled a State Law Unconstitutional against the mandate of the voters. What is disgusting is that Judge Vaughn Walker is not only an openly practicing homosexual but that he is also has a homosexual long term partner; AKA a same-sex relationship.

HELLO! Proposition 8 was enacted by the will of California voters to prevent the immorality of same-sex marriage.

Judge Walker’s 136 page self-justifying ruling that overruled the people of California had less to do with the U.S. Constitution and more to do with protecting his lifestyle that I am sure he is currently enjoying as a retired Judge homosexual reprobate.

Walker definitely had a conflict of interest in making a Constitutional ruling. Walker should have recused himself from the suit and since he did not, Walker’s ruling should be vacated.

Fortunately retired Judge Walker’s ruling has been stayed pending further judicial review:

PROP 8 SUPPORTERS PLEASED BY APPEALS COURT RULING HALTING SAME-SEX MARRIAGES

by Andy Pugno - General Counsel on August 16th, 2010

SACRAMENTO — This afternoon, the Ninth Circuit Court of Appeals granted a request by Prop 8 proponents to stay U.S. District Court Judge Vaughn Walker’s ruling, thereby upholding the vote of 7 million Californians while the Perry v. Schwarzenegger case is heard on appeal. The arguments will occur in San Francisco the week of December 6, 2010.

“California voters spoke clearly on Prop 8, and we’re glad to see their votes will remain valid while the legal challenges work their way up through the courts. Invalidating the people’s vote based on just one judge’s opinion would not have been appropriate, and would have shaken the people’s confidence in our elections and the right to vote itself,” said Andy Pugno, general counsel for ProtectMarriage.com, the defendants in the Perry v Schwarzenegger case.

Thank God Almighty for staying Walker’s obvious self-serving ruling. Now let’s look into the “why?” that Walker’s ruling should be vacated.

Let us look first at some of the reasons that retired Judge Walker had called overwhelming evidence that making a law (a State Amendment to California’s Constitution actually) preventing same-sex marriage is Unconstitutional. Frank Turek in an OneNewNow.com article lists the top ten reasons that Walker’s overwhelming evidence based on the 14^th Amendment passed in 1868 is a bunch of homosexual hocus pocus:

1. "Sexual orientation is fundamental to a person's identity and is a distinguishing characteristic that defines gays and lesbians as a discrete group." (FF 44) This is the most important of the false facts because Walker's entire case collapses without it. The "fact" is false because it ignores the difference between desires and behavior.

…

2. "California has no interest in asking gays and lesbians to change their sexual orientation or in reducing the number of gays and lesbians in California." (FF 47) Other than helping them avoid disease and live longer, absolutely no reason. Statistics show that health problems are higher and life spans shorter for homosexuals.

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3. "Same-sex couples are identical to opposite-sex couples in the characteristics relevant to the ability to form successful marital unions." (FF 48) What does "successful" mean? It has nothing to do with children, according to Judge Walker. In his "the stork brings children" universe, marriage is merely about coupling; procreation is just incidental to it. He thinks a "successful" marriage is merely about commitment, but he can't even support that case.

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4. "Permitting same-sex couples to marry will not affect the number of opposite-sex couples who marry, divorce, cohabit, have children outside of marriage or otherwise affect the stability of opposite-sex marriages." (FF 55) Judge Walker cites just four years of data from Massachusetts to make that sweeping conclusion about the most important relationship in human civilization. The truth is that evidence from other countries over a much longer period shows a mutually reinforcing relationship between same-sex marriage and illegitimacy. And the disastrous results of 40 years of liberalized divorce laws show how monumentally important marriage laws are to the health of marriages, children, and the nation.

5. "Proposition 8 does not affect the First Amendment rights of those opposed to marriage for same-sex couples." (FF 62) It's too bad Judge Walker didn't look to evidence from Massachusetts for this false fact. If he had he would have seen that court-imposed same-sex marriage has severely affected First Amendment rights. Same-sex marriage may not affect heterosexual marriage behavior quickly, but it certainly affects the free exercise of religion very quickly.

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6. "No credible evidence supports a finding that an individual may, through conscious decision, therapeutic intervention or any other method, change his or her sexual orientation." (FF 46) I guess thousands of ex-gays just don't exist in Judge Walker's special-pleading universe. Neither does renowned Columbia University psychiatrist, Dr. Robert Spitzer, who concluded that some highly motivated individuals can change their orientation from homosexual to heterosexual through reorientation therapy.

This is significant because Spitzer is no propagandist for the religious right. Quite the contrary — a self-described "Jewish atheist," Spitzer has been a hero to homosexual activists since 1973 when he helped get homosexuality declassified as a mental disorder. Recently, however, they've turned on him because he reported the truth.

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7. "The gender of a child's parent is not a factor in a child's adjustment." (FF 70) Incredibly, Judge Walker says that this conclusion "is accepted beyond serious debate." Citing a study by the politicized APA, Walker never admits that not enough research has been done to evaluate the well being of children living with homosexual parents. And he ignored evidence presented by the defense that contradicted his "fact."

8. "Religious beliefs that gay and lesbian relationships are sinful or inferior to heterosexual relationships harm gays and lesbians." (FF 77) Really? Do religious beliefs that drunkenness is sinful or inferior to sobriety harm alcoholics? No, those beliefs help such people by telling them the truth about destructive behavior instead of enabling them with liberal fantasyland talk about how all behaviors and lifestyles are equal.

9. "Proposition 8 results in frequent reminders for gays and lesbians in committed long-term relationships that their relationships are not as highly valued as opposite-sex relationships." (FF 68) This is not meant to be offensive, but what if certain relationships really are more valuable to society than others? Clearly, the procreative committed relationship of a man and a woman is more valuable than any other relationship in society because it is necessary for society's very survival. To comprehend the impact of this, you just need to consider two questions.

(1) What would happen to society if everyone lived faithfully in natural marriage? Our country would thrive with a drastic reduction in numerous social problems including illegitimacy, crime, welfare, and abortion.

(2) What would happen to society if everyone lived faithfully in same-sex marriage? Society wouldn't thrive because it wouldn't even survive. It would end the human race!

This is not to say that such a law would cause this, but merely to point out that certain relationships are more valuable to a society than others. The truth is that homosexual and heterosexual relationships are not the same, can never be the same, and will never yield the same benefits to individuals or society.

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10. "Proposition 8 fails to advance any rational basis in singling out gay men and lesbians for denial of a marriage license." (Conclusion) The real fact is that Judge Walker fails to provide any "rational basis" for overturning Proposition 8 — no rational basis from the Constitution or common sense. While lecturing the people of California that their "private moral views" cannot be used to make their laws, Judge Walker has simply imposed his own "private moral view" that same-sex marriage must be sanctioned. That is objectively immoral and unconstitutional itself.

Yeah, it sure reads like retired Judge Walker the homosexual made a ruling based on the U.S. Constitution, right?

NO!

JRH 4/16/11