August 5, 2010
Justice Anthony Kennedy and the Prop 8 ruling
According to Dahlia Lithwick at Slate, Judge Vaughn Walker’s decision to overturn California’s Proposition 8 will be difficult for the U.S. Supreme Court to reverse. That is because Walker appears to have written his opinion with one specific Supreme Court justice in mind:
I count — in his opinion today — seven citations to Justice [Anthony] Kennedy’s 1996 opinion in Romer v. Evans (striking down an anti-gay Colorado ballot initiative) and eight citations to his 2003 decision in Lawrence v. Texas (striking down Texas’ gay-sodomy law). In a stunning decision this afternoon, finding California’s Proposition 8 ballot initiative banning gay marriage unconstitutional, Walker trod heavily on the path Kennedy has blazed on gay rights: “[I]t would demean a married couple were it to be said marriage is simply about the right to have sexual intercourse,” quotes Walker. “‘[M]oral disapproval, without any other asserted state interest,’ has never been a rational basis for legislation,” cites Walker. “Animus towards gays and lesbians or simply a belief that a relationship between a man and a woman is inherently better than a relationship between two men or two women, this belief is not a proper basis on which to legislate,” Walker notes, with a jerk of the thumb at Kennedy.
Walker has temporarily stayed his ruling, which I expect we’ll be hearing about through the fall campaigns.
Crisis Magazine Comments Policy
This is a Catholic forum. As such:
- All comments must directly address the article. “I tell you, on the day of judgment men will render account for every careless word they utter.” (Matthew 12:36)
- No profanity, ad hominems, hot tempers, or racial or religious invectives. “And be kind to one another, tenderhearted, forgiving one another, as God in Christ forgave you.” (Ephesians 4:32)
- We will not tolerate heresy, calumny, or attacks upon our Holy Mother Church or Holy Father. “And I tell you, you are Peter, and on this rock I will build my church, and the powers of death shall not prevail against it.” (Matthew 16:18)
- Keep it brief. No lengthy rants or block quotes. “For you are a mist that appears for a little time and then vanishes.” (James 4:14)
- If you see a comment that doesn’t meet our standards, please flag it so a moderator may remove it. “Brethren, if a man is overtaken in any trespass, you who are spiritual should restore him in a spirit of gentleness.” (Galatians 6:1)
- All comments may be removed at the moderators’ discretion. “But of that day and hour no one knows…” (Matthew 24:36)
- Crisis isn’t responsible for the content of the comments box. Comments do not represent the views of Crisis magazine, its editors, authors, or publishers. “Why do you pass judgment on your brother? Or you, why do you despise your brother? For we shall all stand before the judgment seat of God… So each of us shall give account of himself to God.” (Romans 14:10, 12)