When U.S. District Judge Vaughn Walker issued his
recent decree striking down California's Proposition 8, he did more than order the
redefinition of marriage in that state. He also issued a calculated attack on the
personal beliefs and Biblical worldview of Christian citizens.
Walker ruled that Proposition 8 violated the equal protection clause of the U.S.
Constitution, and in so doing set aside the decision of the people of California
to preserve marriage as the union of a man and a woman. Voters approved Proposition
8 to amend California's constitution to protect marriage after the California Supreme
Court had mandated so-called same-sex "marriages."
In his ruling, Walker stated that "Proposition 8 enacted a private moral view,"
and that "religious beliefs that gay and lesbian relationships are sinful...harm
gays and lesbians." He quoted witnesses at the trial who contended that "there
is a religious component to the bigotry and prejudice against gay and lesbian individuals"
and that "religion is the chief obstacle for gay and lesbian political progress."
Judge Walker's pronouncement that private moral views cannot be enacted into law
calls into question numerous laws on the books in every state in the nation, not
the least of which are murder and theft. The fact is every law that is adopted reflects
a consensus about what is right and wrong on that issue. In this instance, Judge
Walker has asserted his private moral views and sought to impose them on the people
of California, and ultimately the entire nation.
During the highly choreographed "trial," Judge Walker allowed the advocates of same-sex
"marriage" to read excerpts of the theological statements of various church denominations
on the subject of homosexuality. Attorneys and observers in the courtroom laughed
and snickered as the doctrinal positions of the Catholic, Southern Baptist, Lutheran
Church-Missouri Synod, Evangelical Presbyterian, Free Methodist, and Orthodox Church
of America were read out loud. Same-sex "marriage" proponents castigated the involvement
of the Church of Jesus Christ of Latter Day Saints in the Proposition 8 campaign
If Walker's judicial decree is that moral and religious views cannot be enacted
into law, then that means only immoral and non-religious views can be considered
in the laws adopted in the United States of America. If people of religious belief
cannot voice their values because they may "harm" or offend someone, then the hour
has arrived in our country that people of religious conviction will be silenced.
If religion is the major obstacle to "political progress," then religion must therefore
be banished from political conversation and social discourse.
Charles Cooper, the lead attorney for Proposition 8 supporters, had this observation:
"From the dawn of the American Revolution, which was preached from the pulpits,
to the abolitionist preachers who rallied the antislavery cause, to the religious
leaders who inspired the civil rights movement, religion and morality have always
played a prominent role in American political life. [Judge Walker's philosophy
would bring] this long tradition to a grinding halt and expel from the political
process Americans whose views on issues of profound social and cultural importance
are entwined with their faith or moral values."
Judge Walker also declared in his decision that there is no rational basis for defining
marriage exclusively to be between a man and a woman. He contends that this "exclusion
exists as an artifact of time when the genders were seen as having distinct roles
in society and marriage. That time has passed."
He then pontificates that "gender
no longer forms an essential part of marriage." Here Judge Walker makes it clear
that his goal is not just to require that homosexual "couples" be allowed to "marry,"
but also to destroy the institution of marriage itself according to God's intentions
Alan Sears, president of the Alliance Defense Fund, says that Judge Walker has declared
that the state has no legitimate interest in protecting marriage as a stable environment
for children. "Once you remove that connection--that marriage has nothing to do
with gender, male/female roles, procreation, or the parenting of children--you
remove not only any and all barriers to marriage, but the need for secular marriage
of any shape, form, or kind."
It is incomprehensible that Judge Walker can declare that marriage as it has been
known throughout time has no "rational basis." In effect, he has asserted that the
millions of voters and legislators in 44 states that have acted to preserve traditional
marriage are irrational. And that the countless generations that have preceded us
were all populated by irrational people.
Judge Walker also "concludes" that "children do not need to be raised by a male
parent and a female parent to be well-adjusted, and having both a male and female
parent does not increase the likelihood that a child will be well-adjusted." He
falsely states that "the evidence shows beyond a reasonable doubt that parents'
genders are irrelevant to children's developmental outcomes." This is a preposterous
assertion which flies in the face of the heavy weight of decades of sociological
studies that demonstrate that the active presence of a father and mother are the
major contributors to successful outcomes in a child's life.
Austin Nimocks, another attorney for the Alliance Defense Fund, says Walker's "conclusions"
are a slap in the face to parents around the world. "Judge Walker has declared to
every mother in the country--you no longer matter for your kids, and you, as a woman,
bring nothing unique to the table of child-rearing. According to Judge Walker, any
average American man can adequately fill your shoes. Yet, we all know that all the
love in the world doesn't turn a man into a mother."
ADF attorney Daniel Blomberg argues that if Walker's legal theories are upheld,
they will lead to yet other perversions of marriage. "The same playbook will be
used to try to institutionalize group marriages, polygamy, and every other iteration
of human relationships until marriage is utterly obliterated.
Polygamists are doing
just that in a Canadian lawsuit right now."
ADF attorney Kevin Theriot says that if Judge Walker's philosophy is affirmed by
higher courts, religious liberty in America is in tremendous peril. "If believing
what the word of God says about homosexual conduct is irrational, we're just one
step away from courts holding sermons articulating that belief are not protected
speech at all. And if orthodox teaching on sexuality is irrational hate speech,
what's next? It's likely to be biblical teaching on creation, proper discipline
of children, and Christ's position as the only path to the Father."
Maggie Gallagher, chairman of the National Organization for Marriage, has this assessment:
"The majority of Americans are not bigots or haters for supporting the commonsense
view that marriage is the union of husband and wife, because children need moms
and dads. If this ruling is upheld, millions of Americans will for the first time
face a legal system that is committed to the view that our deeply held moral views
on sex and marriage are unacceptable in the public square, and should be stigmatized,
discredited, and repressed. Parents will find that their own children will be re-educated
using their own tax dollars to disrespect their parents' views and values."
"Those in power call it tolerance, they will call it pluralism, but in truth same-sex
"marriage" is a government takeover of an institution the government did not make,
cannot in justice redefine, and ought to respect as essential to the common good."
The only meaningful recourse to the judicial tyranny of federal judges on the issue
of marriage is a federal constitutional amendment defining marriage to be the union
of a man and a woman. We encourage you to contact your Congressman and your U.S.
Senators to urge them to introduce and pass such a measure for ratification by
You can write your Congressman at this link:
You can contact Senator Kit Bond at this link: Senator Bond
You can contact Senator Claire McCaskill at this link:
We urge you to pray for U.S. Supreme Court Justice Anthony Kennedy. If this case
makes its way to the High Court, or even if it doesn't for procedural reasons, Justice
Kennedy will be the key decision-maker. Pray that he will respect the family values
of the people of this nation, and that he will honor God's plans and purposes for
the institution of marriage. The future spiritual and social welfare of our children,
grandchildren, and future generations is at stake.