This decision, whatever its final resolution, serves as an undeniable reminder of the power of Federal judges. A single unelected judge nullified the will of the voters of California as expressed through the electoral process. Those who have been arguing that judicial activism is a fiction will have to look this decision in the face. The New York Times celebrated Judge Walker’s usurpation of the political process, arguing that “there are times when legal opinions help lead public opinions.” The paper and the proponents of same-sex marriage clearly hope that this is one of those times.
That is clearly the most significant dimension of the verdict. Judge Walker’s decision, bearing the full force of a Federal court, adds to the sense of inevitability that the proponents of same-sex marriage have been so carefully constructing in recent years. Defenders of marriage as a heterosexual institution should resist the temptation to minimize the significance of this decision, even as the verdict is vigorously appealed. Yesterday’s ruling is a huge win for the homosexual community, and a significant step toward the full normalization of homosexuality within the culture.
Anyone who reads Judge Walker’s decision will see that the normalization of homosexuality was one of his major concerns. Any belief that heterosexual relations are morally superior to homosexual relations “is not a proper basis on which to legislate,” he asserted. Proposition 8, he insisted, “was premised on the belief that same-sex couples simply are not as good as opposite-sex couples.” The judge claimed to have “uncloaked” the real reason California’s voters adopted Proposition 8 ”” “a desire to advance the belief that opposite-sex couples are morally superior to same-sex couples.”
If one thinks normalization is not happening at a rapid rate, just look at the Steven Slater matter. His partner came out and berated the press for being on their doorstep and it was not news at all that Slater was gay and living with a partner. It was simply accepted as if it was nothing different by the national news, with no comment on it one way or the other. This is where we are – homosexual partnering is no longer an “alternate” lifestyle, it is “normal” in the world of news and entertainment. I hope it is not “normal” still in flyover country.