Weakness With Walker Ruling

Criticism of Judge Walker’s ruling on Proposition 8 is not limited to supporters of that proposition:

Both sides of the same-sex marriage debate reacted strongly to Judge Vaughn Walker’s decision in Perry v. Schwarzenegger to overturn Prop 8 in California. What has been most surprising is the developing consensus from prominent legal experts and analysts, including many who support the redefinition of marriage, who find Judge Walker’s opinion unpersuasive.

Any opinions about the defender’s case in favor of Proposition 8? How well did they make their case? According to the Salt Lake City Weekly:

If the tables were turned, and for various reasons the gay-rights movement’s most qualified experts were kept from testifying in Perry v. Schwarzenegegger, the federal challenge to California’s Proposition 8, many would be crying their eyes out about injustice in the legal system. 

How did this happen? Well, the plaintiffs (those in favor of gay marriage) chose to sue only agencies from gay-friendly Los Angeles and San Francisco counties, none of whom wanted to defend Prop 8. The California Attorney General likewise declined to defend it and also did not appoint any other body to defend the law either.

The Salt Lake City Weekly went on to criticize the legal defense offered in support of Prop. 8: “We as a nation–since this impacts more than just California–were left with substandard experts to defend Prop. 8. . . . David Blankenhorn, a self-proclaimed “expert” on marriage. U.S. District Judge Vaughn Walker, very correctly in my view, ruled that Blankenhorn has no verifiable expertise in marriage, despite having written books on the subject, and thus his testimony regarding it was unreliable.”

I suggest that the defense of Proposition 8 include witnesses like historians who will make it clear how important the husband-wife relationship has been to the progress of our American society.

About Jonathan Whitcomb

I support the preservation of the original definition of "marriage," that institution between man and woman that has given us human life for countless generations.
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