The liberal 9th Circuit Court of Appeals in California has ruled against Proposition 8 in California, which defines marriage as between a man and a woman in the state constitution.
Right off the top, the 9th Circuit begins their ruling with a phony assertion: “Prior to November 4, 2008, the California Constitution guaranteed the right to marry to opposite-sex couples and same-sex couples alike.”
But the California Constitution says no such thing, and never did. And quite obviously, history did not begin in November 2008. Proposition 8 was offered in answer to a prior act of judicial fiat from the CA State Supreme Court overturning the definition of marriage in the form of a statute.
Reading the ruling, it’s pure value judgment, not legal reasoning. The court is simply substituting it’s values for those of millions of California voters. That is not the role of judges in a free, democratic society.
On the the Supreme Court, where hopefully this shameful judicial activism will be reversed.
From Ed Whelan at National Review Online:
In the grand scheme of things, there is nothing enduringly significant about today’s ruling. The Ninth Circuit was just a way-station on the path to the Supreme Court, and the composition of the Ninth Circuit panel meant that there was no prospect for a reversal of Walker’s ruling. What would have been most troubling would have been a ruling that Prop 8 proponents didn’t have standing on appeal, as that might have complicated the prospects for Supreme Court review. But the case now has a seemingly clear path to the Supreme Court.
From Alliance Defense Fund Senior Counsel Brian Raum:
“No court should presume to redefine marriage. No court should undercut the democratic process by taking the power to preserve marriage out of the hands of the people. Americans overwhelmingly reject the idea of changing the definition of marriage. Sixty-three million Americans in 31 state elections have voted on marriage, and 63 percent voted to preserve marriage as the timeless, universal, unique union between husband and wife.”
“We are not surprised that this Hollywood-orchestrated attack on marriage – tried in San Francisco – turned out this way. But we are confident that the expressed will of the American people in favor of marriage will be upheld at the Supreme Court. Every pro-marriage American should be pleased that this case can finally go to the U.S. Supreme Court. The ProtectMarriage.com legal team’s arguments align with every other federal appellate and Supreme Court decision on marriage in American history.”