Mario Diaz

He and his cohort, Judge Michael Hawkins (who might as well have been sitting with the proponents of homosexual “marriage”), kept probing the appellants with questions like, “Well, can California pass a state constitutional amendment allowing segregation?” This, of course, is just a juvenile question meant to keep the circus going but to contribute little, if anything at all, to what should be a very serious debate. The simple answer came back time and time again in so many words, “No, a state cannot pass a state constitutional amendment that violates the federal Constitution.”

And that is the question: Will the California State Constitution protecting the traditional definition of marriage violate the United States Constitution? But since they are not really sure the Supreme Court will rule with them, Judge Reinhardt seems reluctant to go that route and was adamant in suggesting that maybe they did not have to go that far.

It is hard to imagine what basis they would have to invalidate the proposition under California law if they are not willing to say it violates the federal Constitution, since this was an amendment to the state constitution. But you know, as we have seen, apparently no explanations are really needed when you have a declaration from the mighty Reinhardt.

“Unbelievable!” is right.

But that was not all: the “standing” song and dance routine was so deprived of common sense, it might be worthy of an Oscar. Apparently, even though the power in our form of government rests with “we the people,” the proponents of homosexual “marriage” believe it is a very anemic people indeed as, according to them, the governor and the attorney general by themselves can overturn a properly enacted state constitutional amendment simply by refusing to defend it.

Every single issue discussed in Monday’s oral arguments felt like a search for the best way to invalidate the proposition as narrowly as possible so as to create the least public outrage and scrutiny. It seemed no well-reasoned argument by the supporters of Proposition 8 would deter Judge Reinhardt and Judge Hawkins from this.

Sad to say, but we’ll just have to wait and see just how bad the decision will be. But it will be bad. The only thing they seemed unwilling to do is what the law requires them to do — enact the will of the people of California.

Listening to the arguments left you with the sense that “they’ll come up with something.” They’ll find a way to do the wrong thing.

Mario Diaz

Mario Diaz is the Policy Director for Legal Issues at Concerned Women for America.

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