Yet another trial of the century is almost over. This one was held in San Francisco and dealt with the constitutionality of California’s Proposition 8. Presiding was U.S. District Judge Vaughn Walker—a jurist whose homosexuality doubtless had no bearing on his brazen attempt to transform the proceedings into a publicly telecast show trial.
This particular farce was dedicated to the proposition that Californians were somehow violating the United States Constitution when they decided by a 500,000 vote margin to reassert the male-female marital mores that have been in effect throughout civilized history and currently obtain in the vast majority of American states. Nearly 40% of that half-million vote margin, by the way, came from two counties: San Diego (75,000) and Riverside (119,000).
The Proposition 8 vote, of course, was necessitated by another judicial fiat—the California Supreme Court’s 4-3 reversal of Proposition 22. In that case our black-robed betters sifted through their tendentious legal tealeaves to conclude that a measure passed overwhelmingly by the electorate in 2000 violated the state Constitution.
Whatever decision Judge Walker renders about the constitutionality of Prop 8, the case is probably destined for the U.S. Supreme Court. There the decision about overturning thousands of years of legal and moral precedent will absurdly rest on the shoulders of one lone justice--Anthony Kennedy.
That way of putting the issue correctly suggests that what is at stake here is more than a few same-sex weddings. Consider that one witness in the Frisco fiasco was forced to disclose and defend his political and religious views so the court could ponder their propriety. Earlier in the proceedings plaintiffs were allowed to submit evidence of the “improper” influence of religious communities in support of Prop. 8.
A major component of most arguments against Prop 8 has been that limiting marriage to male-female unions is akin to racial discrimination. As a result, discrimination against traditional religious beliefs and institutions is considered more than OK.
Indeed, such discrimination is already taking place. In Washington D.C. the Catholic Archdiocese recently announced that it is ending an 80-year foster-care program. Four years earlier in Massachusetts Catholic Charities ended its adoption work. The reason? Both groups were required to ignore their religious beliefs and to place children with same-sex couples. So much for the free exercise of religion.
Anyone who can’t see that variations in skin pigmentation aren’t analogous to the profound differences between males and females has no business making decisions about the “constitutionality” of distinctions that most sentient beings recognize instinctively.
Kids need two parents—one male and one female. In some venues that truism is already considered hate speech.