SAN FRANCISCO— With a stroke of his pen, a federal judge has overturned 7 million California votes that upheld marriage as being between one man and one woman.
The exclusion of homosexuals from marriage “exists as an artifact of a time when the genders were seen as having distinct roles in society and in marriage,” wrote Chief U.S. District Judge Vaughn Walker. “That time has passed.”
With that judgment, he single-handedly overturned Proposition 8, an amendment to the state Constitution approved in 2008 by 52% of the state’s voters.
Walker held that Prop. 8 violated same-sex couples’ right to equal protection under the U.S. Constitution. Further, he ruled that Prop. 8 “fails to advance any rational basis in singling out gay men and lesbians for denial of a marriage license.”
Charles LiMandri, general counsel for the National Organization for Marriage in California, charged that Walker “dismissed all the evidence that traditional marriage is good for kids, all evidence that there’s a rational basis for Californians to uphold marriage between one man and one woman.”
The case was filed on behalf of two same-sex couples who had been denied marriage licenses. Attorneys for the legal team working to protect marriage filed a notice to appeal the decision.
The case is widely expected to end up at the U.S. Supreme Court.
Plaintiffs attorney David Boies called the ruling a “great result,” saying that “discrimination against gays and lesbians is the last area where you have state-enforced discrimination, and this ruling goes a long way to eliminating that.”
New Definition of Marriage
In his ruling, Judge Walker offered a new definition of marriage for all of society. “Marriage is the state recognition and approval of a couple’s choice to live with each other, to remain committed to one another and to form a household based on their own feelings about one another and to join in an economic partnership and support one another and any dependents,” Walker said.
Dismissing children as secondary to the institution of marriage, the judge declared, “California, like every other state, has never required that individuals entering a marriage be willing or able to procreate.”
Bill May of Catholics for the Common Good said that throughout the trial Judge Walker seemed “to struggle with confusion” over the definition of marriage.
“What Catholics need to know is that marriage has already been redefined in the minds of many, many people in our nation, and it’s being redefined every day in our schools,” May said.
May distinguished between two fundamentally different definitions of marriage in our society. The postmodern adult-focused definition of marriage holds that “marriage is an institution merely for the benefit of loving adults. Therefore, it is thought to be discriminatory to deny access to it to any adults who love each other,” May said.
In contrast, the millennia-old child-focused definition of marriage says that marriage is the foundation of the family with a mother and a father for children. “Having a married mother and father is in the common interest of every child without exception,” May said.
“The debate should really be the public interest between these two conflicting definitions of marriage,” May said. “But that’s a debate for the political sphere, not the courts.”
May now heads a new California pro-marriage activist group called Stand With Children that has been set up to train Catholics how to defend traditional marriage at a time of great confusion over the meaning of sexuality. Stand With Children already has conducted some 40 workshops throughout California, with more to come.
Alliance Defense Fund attorney Dale Schowengerdt said that if Judge Walker’s decision is upheld, same-sex “marriage” advocates “will redefine marriage for the entire country.”
The Road Ahead
Cardinal Roger Mahony, in an article published on his blog yesterday, challenged the judge’s decision at the most elementary level. “There is only one issue before each of us Californians: Is marriage of divine or of human origin? Judge Walker pays no attention to this fundamental issue, and relies solely upon how Prop. 8 made certain members of society ‘feel’ about themselves.”
A court ruling doesn’t change the situation for Catholics, he wrote: “We will continue to believe that God is the origin of marriage, and we will follow God’s constant revelation to that effect.”
Similarly, Archbishop John Nienstedt of St. Paul and Minneapolis called the ruling “both a disappointment and a challenge.”
He called on all people of good will to work tirelessly to defend marriage in this country against the efforts of those who seek to redefine it and thwart its sacred purpose.
Calling Judge Walker’s decision “only temporary,” National Organization for Marriage CEO Maggie Gallagher said, “Let’s not lose sight of the fact that this case is headed for the U.S. Supreme Court, where the rights of states to define marriage as between one man and one woman will be affirmed — and if the Supreme Court fails, Congress has the final say.”
Meanwhile, Bill May said, “The decision should create a new sense of urgency among California voters for joining our Stand With Children effort to rebuild a marriage culture based on the interest that every child has in the marriage of his or her mother and father.”
Sue Ellin Browder writes from Ukiah, California.
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God bless them and I hope they win. We must stand up as Catholics for God’s plan of marriage; one man, one woman ONLY!
I’m a very committed Catholic, and I for one find this article repulsive and very anti-catholic. Leaving aside the question of the morality of homosexuality, marriage between one man and one woman in this country is so desperately in trouble, GLBT people have nothing to do with the real issues. The real issue is human rights, not the new focus on Children. I find it interesting that with each political spin of the wheel, the focus in this fight changes, with new tactics taken each time. Basic human rights should never be voted upon the way that Prop 8 occurred. GLBT rights and marriage will only destroy the extra air between blank headed people that want to be told what to think, but will in no way destroy what is already badly broken.
Please join us with your vote!
http://rescuemarriage.org/
For over fifty years the left has been saying “the time has past” for one thing or another. Christmas carols and prayers in school, the pledge of allegiance, patriotism, national sovereignty, the right to life, marital fidelty (I lived in NYC for 18 years and you’d better believe the left thinks fidelilty is a cause for sneering), the innocence of young children, the sexual health of young adults, parental control of their own children’s values and education, and now marriage as it has been known for millenia. The Spartans who trained their hoplytes (warriors) beginning at age seven, also introduced these young boys to sex—by men who were essentially their drill instructors. Yet even in these barbaric and immoral conditions, Sparta enshrined marriage as between a man and a woman. Gays are in fact free to marry within various mainline denominations: Episcopalians, Lutherans, Methodists, Presbyterians, the Church of Christ and and on and on. Anyone who says this decision is not aimed straight at the Church of Rome and her religious freedoms is either naive or a liar. And for all those who freely throw around words like “bigot,” remember that during the dark and lethal days of the AIDS epidemic, Catholic hospitals spent more on sick and dying men than so-called Gay Men’s Health Collectives. And that care included the personal ministrations of John Cardinal O’Connor in New York City. Don’t be intimidated—our very First Amendment freedoms are at stake. It starts with not allowing the Church to run adoption agencies; it will end with the Church prohibited from spreading the Gospel.
I think I would almost prefer it if they did away with ALL marriage at the secular level and said that EVERYONE just gets a registered partnership, and those who want a good old-fashioned marriage can get it in a church/synagogue/etc. Because redefining marriage after thousands of years doesn’t work. State recognition of my husband’s and my commitment to each other means very, very little to me - but marriage as a Sacrament means just about everything.
How can we be credible or reliable to make good moral judgment if we ourselves encourage what is not of God? Are we really for the upliftment and betterment of society or for its destruction when we are overcome by our emotions and become overly sympathetic by becoming tolerant to wrongdoings rather than correct them for the benefit of society in the long run? Let all societies learn from the lessons of the destruction of Sodom and Gomorrha, so with the destruction of the Roman Empire. For our children’s sake, for true order in society and for the common good, let’s say “NO to same sex marriage.”
Or would we permit ourselves to be devoured by pawns of evil, who promote sins of the flesh, slowly eating into our better values and judgment until we find this malady trapping us as it continues to spread like wildfire later on into uncontrollable proportions as we have allowed ourselves to be pushed to “a point of no return,” leading to the brink of destruction?
Matthew 6:24 reminds us of Christ’s teachings as he made it clear to his disciples, “No one can serve two masters. Either he will hate the one and love the other, or he will be devoted to the one and despise the other. You cannot serve both God and Mammon (money/material/flesh).”
“The exclusion of homosexuals from marriage ‘exists as an artifact of a time when the genders were seen as having distinct roles in society and in marriage,’ wrote Chief U.S. District Judge Vaughn Walker. ‘That time has passed.’”
I take it from Walker that the genders have all coalesced - into what? I’m not sure when the society changed Mr into Ms. In any case, whenever “Ms Vaughn Walker” changes his title, we’d begin to listen to him. Please Walker (Ms or Mr), while on it, could you also tell them to remove that annoying thing they place on all kinds of forms (Gender: male/female)?
Genders/roles have changed in marriage? There is no Mr and Mrs? There is no Father and Mother? By the way, who created these genders? Who has changed them? What roles have changed? Mr Walker now gives birth? Oh ... mine has not yet changed ... what are you going to do about that Judge?
By the way, who gave this confused fella the permission to rule on this matter? Would like to know WHO now sees the genders in the society/marriage as no longer distinct? Some confused and demented person? Okay. I saw a madman who said “All Judges are Criminals.” Walker is a Judge, therefore Walker is a ....” At least so we see - and by default have changed the roles of Judges! What a shame!
I am confused by the duelling arguments here. Please help me understand.
If the State has the authority to determine who can get married—by virtue of issuing licenses, than the State should be required to conform to the US Constitution.
If the Church has the authority to determine who can marry, then which church? If we assume the Catholic Church, then why not ban marriage by anyone with any Church recognized impediment. There are more impediments according to the Catholic Church than members of the same sex.
Also, isn’t it recognized that there are other reasons for marriage than the begetting of and raising of children? That was an old Catholic view, but not held since Vatican 2. However, if we wish to return to that view of Marriage, than what is the reason for allowing couples past childbearing age to marry, for instance?
Please decide if you want a separation of Church and State, or a union of same. If a union, please let me know which Church’s teachings must be imposed on the rest of the citizenry.
While I respect the Church’s right to not perform a religious ceremony that goes against their core beliefs, I do not respect the Church’s imposing those beliefs on all of the citizens. Likewise, if this ruling is upheld and the State is free to issue licenses to marry to same sex couples, I hope it is recognized that the State may not impose this task upon Church’s that oppose such unions.
We are committed catholics, we participate in a welcoming community. We are also a gay couple who have been together for 27 years.
I fail to see the reasoning of some in the church who are so anti-gay. We need to look at the bible through the eyes of the Gospels. “Do unto others….....” The others are not ones who think the same way you do.
In regard to the Cardinal and the Bishop, they need to review canon law and European history. Catholic marrage was only reserved for the nobles and the clerics. It was not available for the “common man” till the 1200s. Yes, the priest got married back then.
If catholic marrage is only reserved for the “production of children”, then women past menopause and sterile couples could not wed.
Marrage as a sacrament means much to gay catholics. That is why we are coming out of the closets and taking a stand.
The person sitting next to you in church may be gay. Will you extend the sign of peace to them?
Gay Catholics are everywhere because the God and His Church calls all men toward Him. He wants us to love Him, serve Him, and proclaim His name. To the extent that we bicker over legal recognition, tax breaks, and the like for GLBT couples, we are distracted from living the Gospels and spreading Jesus’s love to others.
These issues are so un-important. Why do we waste so much time on them?
Kent, Gary & Gary and Kevin: Thank you for your witness to the rest of the Church. Peace to you.
Hey folks,
The issue that was put to the vote was done so incorrectly. That’s why it was overturned. It’s a constitutional issue and therefore not something to be put to a vote. The overthrow of Prop 8 was just correcting an invalid referendum.
That’s what happens when you mix church and state. The founding fathers knew what they were doing when they separated them.
The Church needs to quite trying to make itself a moral authority. It lost all credibility in that field by it’s tolerance and cover ups of child sexual abuse, one of the most heinous crimes that a one human can commit against another.
They must fight this at the local level until it is repealed again. That is within your own community, among your friends, family and neighbors.
Marriage is between ONE man and ONE woman. What part do you not understand?
The Church IS the moral authority; the political sphere has encroached in the realm of the Church because it is the only way they can spread a liberal agenda which sins against God….
Whatever anyone thinks, we’re in for the next Roe. Think political gridlock in Washington is bad enough now? Nothing’s going to get done when the next culture war tsunami floods Capitol Hill.
1 Maccabees 5.42
“But when Judas reached the running stream, he stationed the officers of the people beside the stream and gave them this order:
‘DO NOT ALLOW ANY MAN TO PITCH A TENT; ALL MUST GO INTO BATTLE.’
In other words, we can not leave this struggle to others. This is our battle and we all must take on the works of the Evil One, the Father of Lies. Hey, Hey, Ho, Ho, this anti-8 ruling has got to go!!
It is just common sense that man was never, ever made to have sex with another man. It is vile and disgusting. Any man who CHOOSES to have sex with another man is violating the very natural order of the biology of men and women. They are merely succumbing to a lust that reflects their own ego and self-serving desires.
If we truly love our fellowmen and want to uplift and protect the quality of our life, then let’s not encourage “same sex marriages.” Does God not hold us accountable for being tolerant of wrongdoings of our fellowmen? If it is to wake them up over their responsibility to society and to our children’s future, so be it, let us make a stand that God may be glorified and if you do not believe in God, then at least, listen to reason and see things in the “long term” not our “short term” desires and happiness. Let’s open our eyes and see the ill effects of “same sex marriage” in the future. Can parents answer questions from their kids later on with moral conviction if they were asked, “Did our forefathers not approve of same sex marriage? So what’s the relevance of turning to teachings in the bible about sins of the flesh/what’s the use of going to church/what’s the use of propagating God’s teachings to “go and multiply” to spread the good news/what’s the use of singing “God Bless America”/what good can we learn from our parents?/is not same sex marriage similar to legalized phedophile practice/what is the ESSENCE OF MORALITY in OUR SOCIETY?” Let’s all pray that this will not happen and that many will be guided towards the truth in Christ’s teachings, and that we all have a responsibility not only to God but to this nation we so dearly love as well.
Sandra, Our country was established under God with the Bible…. if you go back in history you will see just how much God & the Bible played in our great land.
The founders wanted the state to stay out of religion not the other way around.
“The duty of the Church and other religious communities is moral witness. The duty of the state and its officials is to serve the common good, which is always rooted in moral truth. A proper understanding of the “separation of Church and state” does not imply a separation of faith from political life. But of course, it’s always important to know what our faith actually teaches.”
+Charles J. Chaput, O.F.M. Cap.
Archbishop of Denver
ONE MAN/ONE WOMAN UNTIL DEATH DUE THEY PART!!! GOD’S PLAN not man’s plan.
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