As tempting as it is to simply mock wingnut pundits for wanting to deny same-sex couples the right to marry, the Right's anti-marriage forces do occasionally make something that appears (on the surface, at least) to be an actual point. (For example, serial adulterer/divorcee Newt Gingrich wrote: "In every state of the union from California to Maine to Georgia, where the people have had a chance to vote they've affirmed that marriage is the union of one man and one woman," but neglected to add the personally relevant codicil "at a time.") Another observation, trumpeted far and wide in allegations of judicial bias, is that the judge in the Perry case, Vaughn Walker, is gay.
The laughably-named Christian Anti-Defamation Commission railed that "Judge Walker cannot comprehend the self-evident rational basis for prohibiting homosexual marriage" [which is neither self-evident nor rational] and then cowers in fear over the idea of "homosexual marriage [being] forced on us by a despotic judiciary." [OH NOES...we're all going to get GAY MARRIED whether we want to or not!!1!!!!]
Even more frightening, the CADC wrote about "Sexual anarchists" who "won't rest until, like in Sodom, they can surround your house and demand you offer up your children to be abused." [Hilariously, he gets the Biblical reference (Genesis 19:1-8) wrong. The mob outside Lot's doors didn't demand his daughters, but rather his visitors (who were angels in disguise, although Lot didn't know this). Lot offered his daughters to the rapists as a compromise in an early example of religious family values.]
John Avlon from The Daily Beast points out that, far from being a stereotypical "judicial activist," Judge Walker "is a Republican who was first nominated to the bench by President Ronald Reagan:"
The unexpected ironies do not stop there. His nomination was stalled in the Senate Judiciary Committee over accusations that Walker was too conservative. [...] Walker's defenders included Ed Meese and Strom Thurmond. The outcry at the time was so considerable that it fell to Reagan's successor, George H. W. Bush, to re-nominate Walker to the federal bench.
ThinkProgress has a few examples of conservative over-reaction. According to some on the Right, Judge Walker has "declare[d] the Constitution unconstitutional" and "should have recused himself from this case, because his judgment is clearly compromised by his own sexual proclivity." Even more outrageously, one wingnut said that "The majority of Californians...have just had their core civil right -- the right to vote -- stripped from them" Cato's David Boaz supplies the hyper-hyperbole winner: Coral Ridge Ministries' Robert Knight, who is worried about "the criminalization of not only Christianity but of the foundational values of civilization itself."
Marc Ambinder says that "the facts, not the law, matter" in Walker's ruling, and Paul Rosenberg discussed facts-vs-fears at OpenLeft:
Proposition 8 was overturned because of the facts--including the facts surrounding the resort to unfounded fears, which do not provide a rational basis for discriminatory state action under our Constitution (about which, the right as a whole understands virtually nothing).
(He also quotes Andrew Koppelman from the NY Times: "Proposition 8 lacked a rational basis, because the 'facts' that were invoked in its defense were manifestly false.") Slate's Dahlia Lithwick calls the ruling not simply "brilliant," but also "factual, well-reasoned, and powerful." She continues, "It's hard to read Judge Walker's opinion without sensing that what really won out today was science, methodology, and hard work:"
Had the proponents of Prop 8 made even a minimal effort to put on a case, to track down real experts, to do more than try to assert their way to legal victory, this would have been a closer case. But faced with one team that mounted a serious effort and another team that did little more than fire up their big, gay boogeyman screensaver for two straight weeks, it wasn't much of a fight. [...]
Is that the end of it? Oh, no. Judge Walker is already being flayed alive for the breadth and boldness of his decision. The appeals road will be long and nasty. Walker has temporarily stayed the ruling pending argument on a stay. [...] Any way you look at it, today's decision was written for a court of one--Kennedy--the man who has written most eloquently about dignity and freedom and the right to determine one's own humanity. The real triumph of Perry v. Schwarzenegger may be that it talks in the very loftiest terms about matters rooted in logic, science, money, social psychology, and fact.
Paul Waldman looks ahead to the case's probably destination after the appeal to the Ninth Circuit, writing that "We can say for sure that there will be four solid No votes on the Supreme Court against marriage equality - Roberts, Alito, Thomas, and Scalia:"
We're less certain about the Yes votes, but let's assume that the Court's four liberals - Breyer, Ginsberg, Sotomayor, and Kagan - come around. That leaves Kennedy, something trial judge Vaughan Walker seemed to be well aware of. As Dalia Lithwick noted, Walker's decision included "seven citations to Justice Kennedy's 1996 opinion in Romer v. Evans (striking down an anti-gay Colorado ballot initiative) and eight citations to his 2003 decision in Lawrence v. Texas (striking down Texas' gay-sodomy law)."
Congratulations to California's LGBT couples! May the decision's stay be uneventful, followed by successful rulings by the Ninth Circuit and the Supreme Court--and, at long last, equality before the law.