"Proposition 8 fails to advance any rational basis in singling out gay men and lesbians for denial of a marriage license," said the judge.
He is calling opponents of gay marriage irrational.
This is not just an insult to the intelligence of those Californians who have rejected gay marriage, but to a majority of Americans.
Through history, all the great religions have condemned homosexuality and all the great nations have proscribed or punished it. None ever placed homosexual liaisons on the same plane as traditional marriage, which is the bedrock institution of any healthy society.
Up to today, Walker is the only federal judge to see in same-sex marriage a constitutional right. And what is the origin of this right? Supporters of Walker's decision cite the Declaration of Independence about our "inalienable rights" to "life, liberty, and the pursuit of happiness."
But that same declaration says we were endowed with those rights by our Creator. When did the Creator indicate that among these rights was for homosexuals to have their unions recognized as marriages?
The author of that declaration, Thomas Jefferson, equated homosexual acts with rape and wrote that male homosexuals (they used the term sodomites in that time) should be castrated and lesbians should have a hole cut into their noses.
Undeniably, homosexuals have the same constitutional rights of free speech, peaceable assembly and trial by jury. But what the judge has done is declare the life choices and lifestyles of gay and lesbians to be equal to the life choice of married men and women.
This is nothing but Walker's personal opinion.
But he is declaring it to be the only rational conclusion that can be reached. And having reached it, he has seized upon a phrase in the 14th amendment, "equal protection," distorted its meaning and dictated that this means his view and his values henceforth are the law in California, the voters be damned.
And what the judge dismisses and rejects as irrational is a conviction rooted in the history of the human race, biblical truth, natural law and basic common sense. For, in recent decades, male homosexuality has been linked to enteric diseases, hepatitis, AIDS and early death.
Historically, from the late Roman Empire to Weimar, flagrant homosexuality has been associated with sick societies, decadent cultures and dying civilizations. Today would appear to be no exception.