Monday, January 25, 2010

Federal Court Has Become the New Feelings Forum

CALIFORNIA

Forget the law. Chief U.S. District Judge Vaughn Walker has allowed the trial over a challenge to overturn Proposition 8 -- the 2008 California ballot initiative that limited marriage to "a man and a woman" approved by 52 percent of California voters -- to turn into what the measure's opponents like to call a "teachable moment."

That's another way of saying that the law isn't as important as feelings in this trial.


Feelings rule -- and not just because the measure's foes somehow believe that Californians haven't been 'taught enough' about gay people. A judge has chosen to allow the trial to revolve around if the voters ban on gay "marriages" was motivated by animus toward homosexuals.

Evidently, if they can convince Walker that the Proposition 8 people are haters, he's free to overturn the will of the majority of California voters...

[This trial should be (and ostensibly was to be) only about if the criteria for changing the state's constitution was met -- but from the opening moment a judge has chosen to make a show trial of it based on empathy, not legality. Our recourse? None.

Systemic crisis in need of real reform? Our legal system.]


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