Judge Vaughn R. Walker's opinion purporting to strike down California's Proposition 8 ballot initiative banning gay marriage is a screaming advertisement against the appointment and confirmation of renegade judicial activists like Elena Kagan.
The labyrinth of twisted reasoning Walker constructs in his opinion is a testament to the depth of deceit that inhabits the modern left's thought processes. The thinking is so bizarre I can only conclude it is the outworking of the spiritual warfare that hotly rages beneath our sensory perception. It is sheer madness!
Just read the sections of the judge's conclusions of law, "The Right To Marry Protects an Individual's Choice of Marital Partner Regardless of Gender," as an illustration of the power of words to deceive.
Walker first cites a line of cases affirming the principle that the freedom to marry is recognized as a fundamental right protected by the due process clause. He next asks whether the homosexual plaintiffs seeking to marry are asserting a new right or the same right as heterosexual couples. So far so good. But then he gives us a clinic in how a clever sophist can use words to minutely describe trees in a way that renders the forest they constitute completely unrecognizable.
He seeks to deconstruct (and then reconstruct) the definition of traditional marriage by describing its constituent elements and showing how those elements can be applied equally to heterosexual marriage and same-sex marriage, thus concluding there is no difference between the concepts. It's as if he compared my DNA with any of yours and concluded that because 99.9 percent of human DNA is the same in everyone, you and I are the same person.
Walker takes the various principles the courts have enunciated through the years concerning marriage and the right to marry, labors to show there's no logical reason to differentiate in the application of these principles between heterosexual marriage and same-sex marriage and, presto chango, concludes that these legal precedents demand that the definition be changed to conform to his worldview. All the while, he denies he's changing anything.