But Andrew Pugno, a lawyer for the defense, said Proposition 8 had nothing to do with discrimination, but rather with the will of California voters who “simply wished to preserve the historic definition of marriage.”
“The other side’s attack upon their good will and motives is lamentable and preposterous,” Mr. Pugno said in a statement.
Interestingly, the passage suggests The Social Science Journal’s study was not far off in claiming equal rights as one of the Times’s foremost concerns around gay marriage. Pugno’s counter, as presented here, reads as limply as it did for Judge Walker.
But Prop 8 really is The Los Angeles Times’s baby. The paper has covered the issue extensively and well, and its reporting on yesterday’s decision was no exception. Not needing to venture as deep into the Prop 8 history or to provide as much context around the decision as other non-local reports, Maura Dolan and Carol J. Williams’s front-page story, “Ruling against Prop. 8 could lead to federal precedent on gay marriage,” is a forward-looking piece (and, on balance, a pro-gay marriage read, labeling the case “lopsided” in favor of the plaintiffs and exuding a somewhat exuberant tone). The reporters focus tightly on the decision, lifting heavily from Walker’s 136-page ruling, and emphasizing that it was “the first in the country to strike down a marriage ban on federal constitutional grounds.” They then set their eyes firmly on what’s next for Prop 8.
At least some legal experts said his lengthy recitation of the testimony could bolster his ruling during the appeals to come. Higher courts generally defer to trial judges’ rulings on factual questions that stem from a trial, although they still could determine that he was wrong on the law.John Eastman, a conservative scholar who supported Proposition 8, said Walker’s analysis and detailed references to trial evidence were likely to persuade U.S. Supreme Court Justice Anthony M. Kennedy, a swing vote on the high court, to rule in favor of same-sex marriage.
“I think Justice Kennedy is going to side with Judge Walker,” said the former dean of Chapman University law school.
Barry McDonald, a constitutional law professor at Pepperdine University, said Walker’s findings that homosexuality is a biological status instead of a voluntary choice, that children don’t suffer harm when raised by same-sex couples and that Proposition 8 was based primarily on irrational fear of homosexuality “are going to make it more difficult for appellate courts to overturn this court’s ruling.”
For those wanting to know the legal dynamics and ramifications of yesterday’s decision—in digestible, newspaper-reader-friendly form—it’s a good piece to start. And The Washington Post’s Robert Barnes and Sandhya Somashekhar’s cover story, “Judge strikes California’s ban on same-sex marriage, Proposition 8,” also leans heavily on the court proceedings, lifting much from the written ruling. (If you’re looking for a masterful read on the case before it even began, check this New Yorker piece from January.) If you’re looking for a somewhat more personal approach, try the San Francisco Chronicle.
Politico, true to form (and we probably don’t need a study to back that claim up), asks the very Politico question: How does this affect the President? In “California Ruling puts President Obama on the spot,” Josh Gerstein writes that the decision “poses a formidable threat to President Barack Obama’s strategy of relegating divisive social issues to the back burner.” It is, as ever, a very readable report, but you can hear cogs grinding under the strain as Gerstein tries to make this an Obama-midterm story.
Walker’s ruling alone might not be enough to put the gay-marriage issue at the forefront of the national agenda. But when combined with another federal judge’s decision a month ago striking down the federal Defense of Marriage Act and the possibility of yet another ruling soon against the military’s Don’t ask, don’t tell policy on gays, a notable judicial tilt towards gay rights seems to be underway that can only increase the prominence of the debate.

Voting is a privilege that we have in the USA, but to have a vote to strip one group or another of civil rights should never be allowed.
Gay people normally make a neighborhood better that is way so many straight people want to live in Gay Neighborhoods.
Throughout time we have hated one group or another and tried to strip them of their rights, Hitler strip the rights of the Jews, Gays and anyone who did not agree with their way of thinking. WE KNOW THAT IS WROING and should never be REPEATED.
The African Americans were slaves and had no rights and were treated unfairly. WE KNOW THAT IS WRONG.
The IRISH was treated like 2nd hand citizens for years, WE KNOW THAT WAS WROING
The Chinese were treated and mistreated when they arrived in our country, WE KNOW THAT IS WRONG.
The Mormons we treated badly because people did not agree with their way of life and were forced to move from NYC to UTAH. WE KNOW THAT IS WRONG.
Time and Time again we see people treated wrong and all the people above should search their history and agree that we should not ATTACK the Gay community because we disagree with them.
WERE IS our Government allow the Church to interfere with the state, I thought due to the tax exempt status they were not allowed to be political? So solution to our state problems is to strip them of the tax exempt that would give the states all the money they are short and save jobs for all AMERICANS.
Our country was founded on people escaping their countries from religious prosecution. So WHY are they not trying to take Civil rights against another group of people.
There is no place in AMERICA or this world for BIGATRY. OUR CONSTITION SAYS ALL MEN ARE CREATED EQUAL AND NOT JUST A SELECTED GROUP.
CIVIL RIGHTS FOR ALL AMERICANS NOW..FREEEDOM TO BE WHO WE ARE. AND MY GOD FOR GIVE THE BIGITS FOR THEY ARE NOT A TRUE CHRISTIANS GOD TEACH LOVE AND FORGIVENESS NOT HATRID ..
GOD BLESS THE UNITED STATES OF AMERICA
#1 Posted by Big D, CJR on Thu 5 Aug 2010 at 02:32 PM
It is a measure of the really slovenly intellectual level of pro-same-sex marriage advocates that the above poster speaks of homosexuals being 'stripped' of a right they never had in the first place. Marriage arose as a specifically heterosexual institution. If it ain't straight, it ain't marriage - just a parody of the real thing. You might as well talk about a baseball player suing the NFL because its rules prevent him from being a member, because he can't use his clutch-hitting ability. Let the lawsuit succeed, and it's not football anymore.
Since marriage laws don't define marriage as 'between one straight man and one straight woman', but simply as between one man and one woman, there is no discrimination in the law. So the 'pro' case boils down to the notion that sexual identity is in fact a defining and overriding identity, like being male or female. Fair enough - but all 'outlaw' sexual identities are natural and (by the definitions offered by dim judges and editorialists) should be protected by the law. The most obvious case is polygamy. I'm pretty sure that any 'scientific' evidence would show that a polygamous orientation on the part of males is 'natural', too. By Judge Walker's standard, then, opposition to polygamy must be arbitrary and 'irrational'. And why stop there? Are same-sexers bigoted when they draw lines, somewhere, too?
Enough. The good news for the Republican Party is that the latest upper-class war against the values of the masses will be great for their Party. Even the Democrats' coveted, rising Hispanic electorate will be in play because of the white bourgeois radicalism of this issue.
Re the guy above, hey, I want some of those 'rights' that are not subject to the votes of my fellow citizens, too. I don't want you deciding with your voters anything that is important to me. Just because I want it. That's enough for you. Why not for me?
#2 Posted by Mark Richard, CJR on Fri 6 Aug 2010 at 12:42 PM