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Judge Walker v. The Laws of Nature and Nature's God
· Wednesday, August 11, 2010
Thomas Jefferson, a deist, and Alexander Hamilton, an Episcopalian, anchored opposite ends of the political spectrum in the early years of the republic but agreed on one basic proposition: The nation's laws must follow God's laws.
U.S. District Chief Judge Vaughn Walker, who ruled last week from a courtroom in San Francisco that "same-sex marriage" is a constitutional right, views Americans who agree with Jefferson and Hamilton as religiously motivated bigots.
"Good and wise men, in all ages ... have supposed that the Deity, from the relations we stand in to Himself and to each other, has constituted an eternal and immutable law, which is indispensably obligatory upon all mankind, prior to any human institution whatever," Hamilton wrote in 1775. "Upon this law depend the natural rights of mankind."
A year later, Jefferson wrote in the Declaration of Independence that all men "are endowed by their Creator with certain unalienable Rights" and that "to secure these Rights, Governments are instituted among Men."
In declaring that the Constitution guarantees two men a "right" to marry -- and become parents of children through, if necessary, "assistive reproductive technology" -- Judge Walker said, "The evidence shows conclusively that moral and religious views form the only basis for a belief that same-sex couples are different from opposite-sex couples."
"A private moral view that same-sex couples are inferior to opposite-sex couples is not a proper basis for legislation," he said.
The judge struck down California's voter-approved state constitutional amendment that reserved marriage to one man and one woman as illegitimate under the federal Constitution because, he said, it was based on the voters' understanding of morality.
By the same logic, he could have struck down the laws against theft or murder.
Now, some might say: But thieves and murderers violate the rights to property and life of the people from whom they steal and take the lives. Who are the victims of two men who simply want to "marry" each other? What rights of these victims are violated?
Children form the first set of victims. If the Supreme Court upholds Walker's ruling, many children nationwide will be denied a mother or a father by acts of government.
In his opinion, Walker issued specific "findings of fact" that children do not need both a mother and a father and, by implication, that children have no right to a mother and a father that needs to be respected by the state.
"Children do not need to be raised by a male parent and a female parent to be well-adjusted, and having both a male and a female parent does not increase the likelihood that a child will be well-adjusted," he wrote in finding of fact No. 71.
"Children raised by gay or lesbian parents are as likely as children raised by heterosexual parents to be healthy, successful and well-adjusted," he wrote in finding of fact No. 70. "The research supporting this conclusion is accepted beyond serious debate in the field of developmental psychology."
(In fact, the very brochure from the American Psychological Association that Judge Walker cited as evidence for this claim states: "Few studies are available regarding children of gay fathers.")
The judge also approvingly pointed to California laws that prohibit that state from preferring that a child have a mother and a father as opposed to two fathers.
"California law permits and encourages gays and lesbians to become parents through adoption, foster parenting or assistive reproductive technology," he wrote in finding of fact No. 49.
California Attorney General Jerry Brown, he approvingly noted, "admits that California law protects the right of gay men and lesbians in same-sex relationships to be foster parents and to adopt children by forbidding discrimination on the basis of sexual orientation."
Concomitant with Judge Walker's "right" to marry comes the right of two men to contract with someone to conceive a child for them through "assistive reproductive technology," engage a woman to gestate that child for them in her womb, and then take custody of that child once the umbilical cord can be snipped.
Whose God-given inalienable right is violated here?
Does a child have a right to be conceived and raised by a mother and a father? Or do two men have a right to hire a technician to secure an ovum for them, unite it with a sperm in some laboratory, and implant the child so conceived in a woman treated not as a mother but as a gestational mule?
There is no doubt what "the laws of nature" say: A man cannot conceive a child by another man.
In the same place that God said "you shall not kill" and "you shall not steal," he also said, "Honor your father and mother."
Judge Walker takes a different view. "Religious beliefs that gay and lesbian relationships are sinful or inferior to heterosexual relationships harm gays and lesbians," he wrote in finding of fact No. 77. To support this view, he disapprovingly pointed to teachings of the Southern Baptist, Evangelical Presbyterian, Free Methodist, Lutheran-Missouri Synod, Orthodox and Catholic churches.
The Founding Fathers understood the laws of nature, the Ten Commandments, the Declaration of Independence and the U.S. Constitution to be wholly consistent with one another. Judge Walker and the same-sex marriage movement have declared war on them all.
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Bruce
Your logic and conclusions are dead on. NEVER MIND that Walker is homosexual and that his ruling in this case is a conflict of interest and is therefore not binding and he himself should be removed from the bench for that reason. NEVER MIND that the foundation of our republic is strong families and local governments protected against an over-bearing and dictatorial federal government by the constitution and that progressives have worked for a century to destroy the family so as to transfer increasing power to a centralized elite. And NEVER MIND that the purpose of the Amendment was to protect CITIZEN rights to life, liberty and property, NOT to protect or endorse a life style choice. The FACT that many lawyers are STUPID is no excuse for allowing a travesty like this to stand. If it does, nothing will stand in the way of completely decriminalizing the criminal and criminalizing the non-criminal. Had enough yet, America?
Posted August 11, 2010 at 9:30:30 AM
Dave
We don't operate according to "god's laws", and never have. We operate according to our constitution. If you want to make a legal argument why the judge's decision was wrong, that's fine.
Making any sort of religious argument is inappropriate. To do so you must first establish which religion and which god. Then you've got to determine who will interpret what the applicable laws are. Those arguing against this decision have chosen the Christian religion. Exactly when was that established as the law of the land? This is nothing short of religious tyranny of the worst sort.
Arguing that the judge should have recused himself because he is gay is a specious argument. So far as I know there are only two choices here - you could have a straight judge or a gay judge. One can argue either perspective could bias the outcome. So then, where do you find an asexual judge?
Posted August 11, 2010 at 10:49:35 AM
Anita
These were the same reasons inter-ratial marriages were not allowed. We argued endlessly and voted and passed laws to ban them but the courts overturned the majority rule. This country is not ruled by the majority, it's ruled by something else that I cannot figure out. Children of mixed couples have a hard life and have to explain why their parents look different and get beat up more often. It's sad. I cannot imagine what kids from two mom's would have to deal with. At least children of widdows don't have to explain why they only have one mom.
Posted August 11, 2010 at 11:44:10 AM
Sher
I am a single mother. A 'father' was not in the household most of their lives. Just me. The LAW allowed for divorce. So...by this argument, divorce should not be allowed. This author would say my children are not well adjusted. (which is far from the case.) Three of my five children are grown and out of the house. They are either in school or finished college while supporting themselves. ALL of them had full time jobs while in school and going to school full time. NONE of them have had trouble with the law, drugs, alcohol....and are as well adjusted as the next kid if not more so. They respect the rights of others as well as standing up for themselves.
The author quotes "their higher power". We do not all have the same higher power or the same belief system. Freedom means to be tolerant of others freedoms as well as your own. EVERYONE has the right to marry over the age of 18. Who says every marriage has to produce a child. Who says that if you can't conceive you can not get medical help? I believe heterosexuals get medical help as well.
So...which is it....Everyone gets to marry or only heterosexuals do, BUT they can never divorce, have to have at least one child with NO help medically to get pregnant. My vote is EVERYONE. Any human adult can marry any other human adult.
Religious persecution is why this country was started....remember? Isn't taking away rights because they don't fit into your religious views, persecution?
Posted August 11, 2010 at 3:07:52 PM
Eric
Anita, how many of these mixed race children have you beaten up?
Posted August 11, 2010 at 6:59:08 PM
Dave
Anita - We have a constitutional republic. Representatives are elected by majority vote. These representatives pass laws, but those laws must not go beyond or conflict with the powers granted to the government in the constitution.
I live in California. If the question somehow came to a vote I could easily imagine the people of California voting by a large margin to make private ownership of guns illegal. Based on recent Supreme Court decisions in Heller and McDonald that law would clearly be declared unconstitutional. When that happened would we all run around saying "But 7 milllion people voted for it!" or "How could the judge go against the will of the people?" Obviously not.
And by the way, I know several children of inter-racial marriages. They really don't have hard lives, and are some of the greatest kids I know. The real villians are the people whose hearts are so empty that they feel the need to discriminate against inter-racial couples or their children
Posted August 12, 2010 at 9:31:38 AM
Tristan
The author invokes the name of Thomas Jefferson. But in his first inaugural Jefferson also said "All, too, will bear in mind this sacred principle, that though the will of the majority is in all cases to prevail, that will to be rightful must be reasonable; that the minority possess their equal rights, which equal law must protect, and to violate would be oppression".
Judge Walker did not say that Proposition 8 violated a gay person's "right to marry", he said it violated the 14th Amendment in respect to their right to due process and equal protection. That seems to me exactly what Jefferson was pointing at in the remark quoted above.
The authors argument from gay parenting being harmful to Proposition 8 being constitutional seems to me a highly dubious one that wouldn't stand up to scrutiny in the Supreme Court. The question is solely one of whether a State can reasonably discriminate between citizens of different sexualities when it comes to the status of relationship that it permits them to enter. Leave God out of it because God is not invoked in the constitution. "We the people" are the font of the constitution so leave your subversive theocratic desires at the door
Posted August 13, 2010 at 4:37:31 AM
Randy King
“God who gave us life gave us liberty. Can the liberties of a nation be secure when we have removed a conviction that these liberties are the gift of God?” Thomas Jefferson
In their 2006 ruling the 8th circuit opined:
1) There is no constitutional right to same sex marriage
2) Procreation is a rational basis
Same sex enthusiasts appealed this ruling to SCOTUS under the 14th amendment, but were turned away at the door for want of a constitutional question - ie. There is no constitutional right to same sex marriage.
In their 1982 ruling on immigration as it relates to same sex marriage the 9th circuit opined:
1) There is no constitutional right to same sex marriage.
2) Procreation is a rational basis
The 9th went on to state that it was obvious to them that congress did not intend to extend preferential treatment to same sex partners in regard to immigration law.
What Walker did was take it upon himself to declare that the laws of nature no longer apply; that there is no funemental difference between same sex and opposite sex marriage to which we all have a funemental right.
In Loving v Virginia SCOTUS opined:
Marriage is a fundamental right; our survival and our very existence is dependent upon it.
Nobody in their right mind could ever claim that our very existence was dependent upon perverts rubbing their reproductive organs against each other.
Posted August 27, 2010 at 8:59:58 PM