August 4, 2010 by Pastor Dan.

Reaction has been swift to Judge Vaughn Walker’s sweeping decision that California’s Proposition 8 is unconstitutional because it violates both the equal protection and due process clauses of the U.S. Constitution’s 14^th Amendment.

But it is “all the usual suspects” who have weighed in during the last few hours — the Roman Catholic Bishops, the Mormons, the “Family Research Council” and the attorneys who “defended” Prop 8 in Walker’s federal court.

It is interesting that–in Judge Walker’s view and in the eyes of most independent observers—because the defenders of Proposition 8 made such a weak defense of the proposition, their official statements this afternoon do not take issue with Walker’s legal reasoning or conclusions, but instead try to throw the whole case back into the court of public opinion even while they vow to send the appeal to the 9^th Circuit Court.

The public opinion, of course, to which Alliance Defense Fund’s attorney Austin Nimrocks and attorney Andrew Pugno refer, is that the people voted for Prop 8 just as they had voted for Proposition 22 a decade ago. This is from the L.A. Now site of the Los Angeles Times:

Walker’s “Conclusions of Law” [beginning on page 109] in contrast, quickly dispense with the popular vote and cite legal precedent that fundamental rights are not subject to the vote of the people.  Here are more stories and commentary:

The State Column “Prop 8 Ruling: Ban is Unconstitutional” www.thestatecolumn.com/blog/2010/08/prop-8-ruling-ban-is-unconstitutional/

The Wall Street Journal http://blogs.wsj.com/law/2010/08/04/breaking-news-sf-judge-shoots-down-proposition-8/Now 

Now Public www.nowpublic.com/world/prop-8-ruled-unconstitutional-protests-celebration-2647312.html  “US District Judge Vaughn Walker Rules Proposition 8 Unconstitutional”

USA Today : Faith & Reason http://content.usatoday.com/communities/Religion/post/2010/08/prop-8-proposition-8-california-gay-marriage-vaugh-walker/1 ”Prop 8 ruling drives strong religious reactions: Outrage to joy”

The Washington Post On Faith : Religion Roundup http://newsweek.washingtonpost.com/onfaith/undergod/2010/08/proposition_8_ruling_in_california_religion_roundup.html ”Proposition 8 ruling in California: religion roundup”

Los Angeles Times “L.A. Now / Southern California —This Just In http://latimesblogs.latimes.com/lanow/2010/08/gay-marriage-foes-vow-to-appeal-prop-8-ruling.html ”Gay marriage foes vow to appeal Prop. 8 ruling [Updated 3:00 pm]”

— Pastor Dan Hooper

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August 4, 2010 by Pastor Dan.

I don’t know quite what to think or hope for this afternoon’s decision. Whether Judge Walker’s opinion is for us an with us, or against us (which is highly unlikely given the low level of intelligence during the trial coming from the Prop 8 defenders), it is not the last word, since the decision is more than likely to be appealed by either side.

The last word, since this is a federal case, is likely to be several years off before the U.S. Supreme Court. But given the current court, all we could hope for there is several more retirements and an Obama administration still in place to push through some nominations that will fairly judge our issues. The present nominee, Kagan, certainly trumps people like Scalia, Thomas, etc., but time after time we’ve seen a majority of the court who did not consider the entire scope of justice issues or found a way to elevate some values over others. I am still smarting from the Supremes’ decision last winter that corporations can legally spend as much money as they please to influence elections—and they called that a first amendment free speech right! (Treating the legal fiction that a corporation is a “person” in the eyes of the law of course.)

Bottom line: I don’t trust the Supremes to rule in our favor even though they certainly did in Lawrence v. Texas.

According to my e-mail, California Faith for Equality joins Community Prayer for Social Justice at 8pm tonight, August 4, at Father Serra Park on Olivera Street across from Union Station, with Latino Equality Alliance, Metropolitan Community Church Los Angeles, Moral Compass to Justice, and other faith leaders from across the city.

More interesting to me, California Faith for Equality will be holding a Statewide Faith Leaders conference call with Lambda Legal’s Senior Counsel, Jenny Pizer about the decision. Alas I have no details yet.

According to Marriage Equality USA, Judge Walker will issue his decision in the Federal Prop 8 case on Wednesday, August 3, 2010 between 1-3pm. The decision will be posted at www.cand.uscourts.gov and at www.marriageequality.org.

A huge amount of preparation has gone into responding/reacting to the decision. How we respond/react will depend on whether we feel vindicated or screwed by Judge Walker. I’m not sure that a huge amount of street demonstration power is a useful thing, but of course it will happen. It’s nice to see a show of strength in the streets, but our opponents don’t both with that and they keep right on raising enormous sums of money to fight us every way they can.

Here are a few more links:

Rex Wockner’s column

American Foundation for Equal Rights

GetEqual.org – site is current

Robin McGehee’s blog

California Faith for Equality - for some reason Google was identifying this as an unsafe site with “malware” this morning, so use your own judgment. But there’s nothing posted there about today’s decision. Hmmm.

—Pastor Dan Hooper

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