Robert Knight

In November 2008, more than seven million Californians voted for Proposition 8, which amended the state constitution to define marriage as only the union of one man and one woman. From the beginning, it was clear that California’s ruling elites were working to destroy marriage. Attorney General Jerry Brown and Gov. Arnold Schwarzenegger violated their oaths of office by refusing to defend Prop. 8.

The case mysteriously keeps winding up before leftwing activist judges. Openly gay U.S. District Judge Vaughn R. Walker used it as a platform to promote homosexuality and disparage traditional religious beliefs. He equated biblical morality with prejudice, and struck Prop 8 down.

The case then went to the Ninth’s three-judge panel with two Democratic and one Republican appointees. One of them, Jimmy Carter appointee Stephen Reinhardt, is married to Ramona Ripston, executive director of the Southern California chapter of the ACLU. That’s the group that took a lead role in opposing Prop 8, counseled plaintiffs, and filed an amicus brief.

Addressing this blatant conflict of interest, Reinhardt brushed it aside, saying, “I will be able to rule impartially.” Sure he will, like he did in the 2002 case in which he decided to strike the words “under God” from the Pledge of Allegiance. Reinhardt is the poster boy for loony left federal jurists.

The ruling elites are, by hook or by crook, trying to make over America in their own corrupt image. The American people should be outraged by this pattern of legal activism that flouts the U.S. and state constitutions, the will of the people and basic rules of court conduct.

In his dissent in Romer v. Evans (1996), in which the U.S. Supreme Court struck down Colorado’s Amendment 2, a popularly-approved law that barred misapplying civil rights status to “sexual orientation,” Justice Antonin Scalia pinpointed the problem:

“This court has no business imposing upon all Americans the resolution favored by the elite class from which the Members of this institution are selected, pronouncing that ‘animosity’ toward homosexuality … is evil. I vigorously dissent.”

Later, in his dissent in Lawrence v Texas (2003), in which the court cited international opinion in overturning the Texas sodomy law, Scalia wrote:

“Today’s opinion is the product of a Court, which is the product of a law-profession culture, that has largely signed on to the so-called homosexual agenda, by which I mean the agenda promoted by some homosexual activists directed at eliminating the moral opprobrium that has traditionally attached to homosexual conduct.”

Well, to accomplish that, they’re going to have to burn all the Bibles, suspend the workings of biology and scrub the history books clean of 5,000 years of the universal understanding that sex belongs between men and women in marriage. And they’re going to have to wipe out the First Amendment while they’re at it.

That’s no small feat, even for Masters of the Universe like Judge Reinhardt, Barack Obama and Robert Gates.


Robert Knight

Robert Knight is an author, senior fellow for the American Civil Rights Union and a frequent contributor to Townhall.