Homosexual marriage ban in CA (Prop 8) ruled unconstititional [UPDATED]
See bottom for the update
Judge Walker sifted through evidence, heard arguments, reviewed the law, made a decision, and today he totally botched it. He ruled that homosexuals banned from marrying under the newly enacted, State constitutionally defined marriage definition was a contradiction against the US Constitution. He struck down the definition that only one man and one woman are qualified to marry in CA. The case marks the first federal court test of a state law banning gay marriage.
In one very real sense this in an interesting interplay with the MA law that was also recently struck down that stated the Federally defined marriage act stating one man and one woman are the only qualifiers for marriage, was unconstitutional because the Federal Government had no business defining marriage qualifications for the states. But in CA, the citizens did just that in their state, and and passed their definition. And it was struck down.
The Judge wrote that Prop 8 "unconstitutionally burdens the exercise of the fundamental right to marry and creates an irrational classification on the basis of sexual orientation." God's definition of marriage is not irrational. But to continue, the judge wrote, "[Prop 8] fails to advance any rational basis in singling out gay men and lesbians for denial of a marriage license." The freedom to marry is a fundamental right under due process, he said. Beginning on page 113 he outlines the criteria for marriage under our nation's past legal history, traditions and practices and uses those criteria as the foundation to show that marriage between same sexes is a fundamental right, rather than a new right.
Walker said that characteristics of marriages in the US have included two parties, free consent, forming of a household, and mutual support of each other and dependents. Nowhere is the main characteristic of marriage in the US's history mentioned, that those two parties have always been of opposite gender. As a matter of fact, he wrote, the institution of marriage has been moving away from a gendered institution as our understanding of gender increases and the two genders are now considered equal.
Moreover, the notion of two genders having distinct roles in society is an artifact of a time that has passed. (p 115).
Judge Walker could not be more wrong, about everything. The gender roles are just as distinct and in force as the day that God made them (Gen 2:20-25). It is man's sinful and corrupt nature that has put aside the good and the perfect that God planned for us, including the structure of marriage and the functions of the husband and the wife.
Jesus said that the time immediately prior to His coming would be like the Days of Noah. (Matthew 24:37). The days of Noah were "Then the LORD saw that the wickedness of man was great on the earth, and that every intent of the thoughts of his heart was only evil continually. The LORD was sorry that He had made man on the earth, and He was grieved in His heart. The LORD said, "I will blot out man whom I have created from the face of the land, from man to animals to creeping things and to birds of the sky; for I am sorry that I have made them."" (Gen 6:5-7)
2 Timothy 3:1-5)
Of the decision, the chortling and trumpeting of the 'new day' has already begun. Speaker Nancy Pelosi wrote on Twitter, "Very joyful court ruled against #prop8, it is a stain upon the CA Constitution'..." Sean R. Simons wrote, "is a huge victory for all Americans who believe in equality for not just few, but for all. Today is a great day for our nation." Lesbian talk show host Ellen DeGeneres said, "We're all equal, and we should all have equal rights. I'm so grateful for today's decision." A Twitterer tweeted "If one should have faith in anything, it is that Love endures. In the end, Love will always win out over Hate."
Understandably, the lost do not realize that God is love and satan is hate, and that they are actually working for satan and his hate against anything and everything God holds dear, including and especially marriage. Unfortunately, they will soon understand that, and more devastatingly, they will have an eternity to ponder its truth. Yes, Love will win, it already has, in the form of Jesus at the cross, dying for the very people who pollute His institutions today.
Christian, if your heart is heavy, and you see, listen to, and read the joyful chortles of mockers and scoffers of our faith, and more importantly, of God's standards for moral purity, take heed that His wrath is coming and what the mockers and scoffers will endure will be far worse than anything we can say or do.
"It was the same as happened in the days of Lot: they were eating, they were drinking, they were buying, they were selling, they were planting, they were building; but on the day that Lot went out from Sodom it rained fire and brimstone from heaven and destroyed them all. "It will be just the same on the day that the Son of Man is revealed. (Luke 17:28-30)
UPDATE: The biggest open secret in the landmark trial over same-sex marriage being heard in San Francisco is that the federal judge who will decide the case, Chief U.S. District Judge Vaughn Walker, is himself gay.