Maggie Gallagher

To give you an example of how extreme Walker is, he ruled that orientation is a protected class subject to strict scrutiny -- ignoring no less than 10 higher-court decisions to the contrary. He doesn't contest, distinguish or disagree with these binding precedents. He literally ignores their existence.

This is very odd behavior for a federal judge.

Meanwhile a new poll shows the American people are not buying the Big Lie that marriage is bigotry, even after it has been endorsed by Walker.

In the latest poll from Public Policy Polling conducted Aug. 6-9, Americans who were asked whether they believed gay marriage "should be legal or illegal" opposed gay marriage almost 2-to-1 -- 57 percent opposed, 33 percent in favor.

Republicans oppose gay marriage 81 percent to 12 percent, while Democrats only narrowly favor it 47 percent to 40 percent. The all-important independents also oppose gay marriage by a 48 percent to 41 percent margin. Whites are against it 58 percent to 34 percent, Hispanics 57 percent to 27 percent and African-Americans 52 percent to 34 percent.

The majority of courts as well as the majority of Americans believe that our marriage tradition is not unconstitutional bigotry.

Gay marriage advocates are now hoping for a technical knockout -- for the 9th Circuit to rule that the voters of California have no standing to challenge Walker's ruling. This may be a sign they understand how extreme and weak Walker's ruling actually is, how unable it is to withstand substantive review by higher courts. Ted Olson goes on TV claiming he has proved there's no possible case for opposing gay marriage. Now he's in court trying to block any higher court from reviewing his handiwork.

Does that sound like the behavior of people with an airtight logical case to you?


Maggie Gallagher

Maggie Gallagher is a nationally syndicated columnist, a leading voice in the new marriage movement and co-author of The Case for Marriage: Why Married People Are Happier, Healthier, and Better Off Financially.