The War Against Marriage Goes Round and Round, Round and Round…
posted at 3:05 pm on August 4, 2010 by Dafydd ab Hugh
Today, between 1:00pm and 3:00pm PDT, U.S. District Chief Judge Vaughn R. Walker will electronically issue his ruling on the constitutionality of California’s Proposition 8.
Proposition 8 was the citizen-initiative state constitutional amendment overturning the state Supreme Court ruling legalizing same-sex marriage (SSM) and restoring the traditional definition of marriage to America’s biggest (and most debt-ridden) state. The amendment passed 52.24% to 47.76% in 2008, despite the massive, Obama-driven, liberal-Democratic vote.
The state Supreme Court reluctantly upheld the proposition, which led to an immediate federal lawsuit, Kristin M. Perry v. Arnold Schwarzenegger. Alas, I predict that Judge Walker will find for the plaintiff, striking down Prop. 8 (again) and once more shoving SSM down the throats of Californios.
George Will will be beside himself with glee. It’s not that he supports SSM; I’m sure he doesn’t. But he’s absolutely fanatical against citizen initiatives; he considers them an abomination. Imagine, direct democracy!
He is disgusted and appalled at the very idea that citizens should be allowed to determine the laws they live under, instead of letting their betters rule for their own good. If Judge Walker rules against Prop. 8, Will will write a column praising the decision.
By contrast, Patterico — who supports SSM — will be bitter and angry… because he believes citizens should be allowed to set their own defintion of marriage much more than he believes in same-sex marriage. The difference is simple: Patterico is a staunch proponent of government by the consent of the governed — while George Will calls himself an unreconstructed Tory, by which I assume he means he is a monarchist at heart.
The only question I have is whether Walker will stay his ruling until the Ninth Circus can review it, or whether he will order the state immediately to begin issuing marriage licences to same-sex couples… hoping that even if the Ninth or the Supreme Court ultimately overturns his decision, so many lesbians and gay men will have already married that SSM will be a fait accompli, the courts having finally forced the policy upon the state even without final support from the Supremes.
On that narrow question, I make no prediction.
Cross-posted on Big Lizards…
UPDATE: I wrote this post before reading Patterico’s own post, which also predicts that Judge Walker will strike down Proposition 8. Two great thoughts with but a single mind between them. (Oh, wait; that would make us both halfwits, wouldn’t it?)
UPDATE II: Yup.