In a government that professes religious neutrality, these kinds of judicial attacks on named religious groups are extraordinary. One must ask: What business does a federal judge have declaring as a “finding of fact” that religious beliefs are harmful or beneficial to any group? Who is he to look into the hearts of religious believers and see only “stereotypes and misinformation”? Since when is a law held in suspicion simply because religious bodies endorsed it and churchgoers voted for it?<\/p>\n
Roman Catholics, Southern Baptists, and others targeted by Judge Walker would give a different account of their motives. They affirm the unique status of the marriage of man and woman because they regard it as a blessing, not a harm, for all of society. They counsel people against all nonmarital sexual relations, heterosexual or homosexual, because marriage provides the best environment for both adults and children to flourish.<\/p>\n
The judge offered reassurances that overturning Proposition 8 would not “affect the First Amendment rights of those opposed to marriage for same-sex couples.” He stressed a prior ruling that “no religious officiant will be required to solemnize a marriage in contravention of his or her religious beliefs.” But this has never been the principal threat.<\/p>\n
The real threat impinges more upon traditionalist laypeople and parachurch organizations.<\/p>\n