In her syndicated column, my friend and colleague Maggie Gallagher makes these points about the upcoming Prop 8 trial. 1. The constitutionality of Proposition 8 should be a matter of law, not a matter of facts. But Judge Walker has ruled that they will have a trial about the facts. Ordinarily, findings of fact by a lower court, cannot be overturned by a higher court. So the more of his opinions he can stuff into the box labelled “fact,” the harder it will be to overturn. 2. The court has ruled that the private correspondence of the campaign, revealing the “motives” of the campaign are a fair subject for the trial. This is an outrage: the motives of the campaign or the voters should not be on trial. 3. The judge has ordered that the trial be televised, in defiance of federal rules.
Bottom line: the voters of CA are on trial for having the temerity to vote against same sex marriage. Money quote:
After Prop. 8, gay couples continue to enjoy unmolested all the legal civil rights of marriage under California law through civil unions. Who will stand up for the core civil rights of the people of California and the rest of the USA to participate in democracy without fear?
Certainly not Judge Vaughn Walker.
