The Proposition 8 decision is really breathtaking in its arrogance. The state did offer a rational basis for traditional marriage. Judge Walker may not find the arguments for defining marriage as a union between a man and a woman persuasive, but that does not mean those arguments do not exist. The role of a legislator and a judge are different.
This Wall Street Journal blog post lists some of the policy arguments Walker makes against Proposition 8, almost all of them debatable. The difference is that Walker is using raw judicial power to impose his policy preferences on 52 percent of Californians who voted for Prop 8.
Marriage has always been between one man and one woman because that is the combination required to naturally produce a child. If that definition no longer suits the needs of our society, let’s have a debate about that. But let’s not have someone who has clearly taken a side in this debate decide its outcome for the rest of us.
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