Proposition 8 Decision
5th August 2010
Conservatives have long said that the day would come when liberal judges declare the Constitution unconstitutional. That happened today, when a gay federal judge in San Francisco, relying on the opinions of mostly-gay “expert” witnesses, ruled that an amendment to the California constitution, which was adopted in perfectly proper fashion by a substantial majority of voters, is “unconstitutional.” In this context, unconstitutional means “unpopular with me and my friends.”
As a legal matter, Judge Walker’s decision is a bad joke. It will be appealed, of course, but the outcome of the appeal will be determined by politics, not law. I think it is safe to assume that anyone nominated to the Supreme Court by a Democratic President is explicitly or implicitly committed to the proposition that gay marriage is a constitutional right. If you think that is bizarre, stop voting for Democratic politicians.