Federal Judge: Traditional Marriage Is Now ‘Unconstitutional’

On Wednesday, August 4, 2010, Chief Judge Vaughan Walker overturned the will of seven million California voters by declaring Prop 8, which define marriage as the union of one man and woman, “unconstitutional.” Although the decision was not unexpected by the Prop 8 Legal Defense team, Judge Walker’s opinions are especially strident.

Within Judge Walker’s 136-page written opinion were statements that the public communications on the “Yes on 8” campaign “insinuated” that parents and children should fear same-sex marriage and homosexuals. Based on the information we have received from our national allies who ran this campaign, his interpretation of the campaign is absurd.

Following are just a few of Judge Walker’s opinions:

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.

Same-sex couples are identical to opposite-sex couples in the characteristics relevant to the ability to form successful marital unions.

Proposition 8 does not affect the First Amendment rights of those opposed to marriage for same-sex couples.

Judge Walker used testimony from the plaintiffs’ witnesses to affirm his personal beliefs, and apparently slept through the cross-examination by the defense attorneys, who proved false every piece of “research”—like the statements above—these alleged expert witnesses put forth.

Judge Walker gave all sides until end-of-day Friday, August 6, to respond to a motion to stay the implementation of the decision pending appeal. A temporary “stay” has been issued until a decision has been made on the request for a more permanent stay. Essentially, at some point Judge Walker will have decide whether same-sex marriages should proceed in California. The legal defense team may need to seek immediate review from higher courts of appeal in order to keep new same-sex marriages from taking place.