Opinion

Judge Walker’s slurs and fantasies will be overruled

Brian Brown President, National Organization for Marriage

Judge Walker imagines he has a magic wand.  With his magic judicial wand, he has waved away all inconvenient truths and facts and transformed his own values and views into “facts” which no rational person can henceforth ever again doubt.  He has created his own personal peculiar faith, strong and irrefutable, and inserted it straight into the heart of the U.S. Constitution that a mind like his could never conceive of and ought not to redefine for his own pleasure.

According to our Founding Fathers, our rights are endowed by Our Creator.  In Judge Walker’s twisted world, he can wave his wand and determine as a fact (look it up, it’s Finding of Fact #77) that religiously motivated views on sex and marriage are a judicially cognizable harm to gay and lesbian people, a truly disturbing and unprecedented “finding of fact” from a federal judge.

In Judge Walker’s mind he alone is heroically committed to truth and reason.  The seven million decent law abiding Californians who disagree with Walker’s views on marriage, and who exercised their core civil right to rein in out of control judges in California?  No problem!  Whoof! With a single wave of his magical wand, Judge Walker thinks he can make us all disappear.  He can simply declare us irrational bigots and make it so.

There is no shortage of evidence, scholarly and otherwise, that marriage has deep roots in true and enduring differences between same-sex and opposite-sex couples.  Law Prof. Nelson Lund is only repeating the obvious when he wrote in this Sunday’s San Francisco Chronicle:

Only unions between men and women are capable of producing offspring, and every civilization has recognized that responsible procreation is critical to its survival…The fundamental purpose of marriage is to encourage biological parents, especially fathers, to take responsibility for their children. Because this institution responds to a phenomenon uniquely created by heterosexual intercourse, the meaning of marriage has always been inseparable from the problem it addresses.

In the place of reason and common sense, with his magical powers, Judge Walker has pronounced an incredible set of absurdities to be “fact”—and he is doing this to enhance is own power, to try to prevent higher courts from reviewing his absurd conclusions.

A captive mainstream media (including sadly many conservative media outlets) are retailing his propaganda, amplified by Ted Olson’s sad betrayal of his own once-core principles of judicial restraint.

One voice not captive to the reigning disdain of the elites for American’s marriage views is Rush Limbaugh.

Go to our site if you want to see his words directly, but let me quote for you some of Rush’s incredibly true and gratifying words:

Judge Walker “did not just slap down the will of seven million voters.  Those seven million voters were put on trial, a kangaroo court where everything was stacked against them. . .those of you who voted for Prop 8 in California are guilty of hate crimes.  You were thinking discrimination.  That’s what this judge has said!  Truly unprecedented.”

America is governed by elites—including many Republicans—who do not care what the American people think, and are determined to see that the people do not rule.  At the National Organization for Marriage we know that ordinary Americans care about marriage and do not want activist judges overturning their cherished views and values.  In less than three years, we’ve grown from nothing to a $9 million organization with 700,000 activists fighting the good fights.

Walker’s decision is so weak that every pro-gay marriage legal scholars fear it will be overturned on appeal.  If the Supreme Court will not act, then Congress must to protect the right of the people to vote for marriage.

Brian S. Brown is the President of the National Organization for Marriage.