Be sure to compare Judge Bork's comments at the link above to John Hinderaker, "Today's Proposition 8 Decision" (via Memeorandum):
Conservatives have long said that the day would come when liberal judges declare the Constitution unconstitutional. That happened today, when a gay federal judge in San Francisco, relying on the opinions of mostly-gay "expert" witnesses, ruled that an amendment to the California constitution, which was adopted in perfectly proper fashion by a substantial majority of voters, is "unconstitutional." In this context, unconstitutional means "unpopular with me and my friends."And again, idiot Scotty smears rather than engage substance, "Former Time Blog of the Year Apparently Unaware That Federal State Entails Multiple Constitutions."
As a legal matter, Judge Walker's decision is a bad joke. It will be appealed, of course, but the outcome of the appeal will be determined by politics, not law. I think it is safe to assume that anyone nominated to the Supreme Court by a Democratic President is explicitly or implicitly committed to the proposition that gay marriage is a constitutional right. If you think that is bizarre, stop voting for Democratic politicians.
So frustrating!
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