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Denying The Will of the People
By Alexander Massa
I'm sure all of you have heard by now that California's ban on gay marriage, which was approved by a majority of California voters through a ballot proposition, has been overturned by a rogue judge – one who is rumored to be a homosexual himself, perhaps the greatest example of a conflict of interest if there ever was one. Not only has this judge betrayed the people of California, he has set a dangerous precedent for other judges. If we let judges with such obvious conflicts of interest hand down ruling on subjects near and dear to their hearts, we have, in essence, denied fair and impartial justice. Such corrupt rulings based on personal feelings and beliefs and not the rule of law make a mockery of the legal system and should embarrass anyone who takes the legal field seriously.
However, this is not the first time Judge Walker has made rulings in cases concerning homosexuality. An online ABC article describes two cases involving homosexuality which Walker presided over: “During his time as a federal judge, Walker has ruled in at least two cases involving gay rights issues. In one, he dismissed a lawsuit by two Oakland city employees who alleged their free speech rights were violated when managers removed a bulletin board flier for a religious group that promoted 'natural family, marriage and family values.'” Later on, the article discusses the second case: “In the other case, Walker in 1999 rejected arguments from the parents of a San Leandro boy who claimed their religious rights were violated by pro-gay comments their son's teacher had made in the classroom.” Now I am not going to contest or debate the correctness of his rulings, but again, someone with conflicts of interest should not be handing down rulings.
Describing Judge Walker, former US District Court Judge Fern Smith said, “He seems to be relatively willing to let the chips fall where they may," Smith said. "He is not afraid to express his opinions, even if he knows there might be substantial push-back." Now that is all well and good – every man has the right to his own opinions. However, politics and opinions stop when one enters the territory of the judicial branch. The third branch of government is supposed to be strictly non-partisan and apolitical – it is designed to judge laws based on their constitutionality and settle major disputes in an unbiased manner. If we allow men like Judge Walker, who either is homosexual himself or routinely favors homosexuals or homosexual causes in cases brought before him, to call himself a judge and keep his position, our judicial branch becomes meaningless. We might as well appoint a bunch of opinionated men to a tribunal, allow them to judge based on emotion and however they're feeling at the moment, and call it “justice”.
And this has nothing to do with homosexuality. It could be about any issue. This is about overturning the will of the people and conflicts of interest. The peoples' vote is sacred. Having one man in a robe rule in favor of the decided minority against the will of the vast majority is not justice, it is tyranny, and it makes our democracy look like a sham. It makes our elections look like the faked ones in tin-pot dictatorships across the globe where the President consistently receives 99% of the vote. If the people do not have a say, or if their say can be so easily overturned by someone who clearly has conflicts of interest, then why vote at all? The fact is that Judge Walker denied the will of the people and overturned a law claiming it to be unconstitutional when that is clearly not the case. I don't remember reading about a right to homosexual (nor heterosexual, nor polygamous) marriage in the Bill of Rights. Marriage is not mentioned in the Constitution. Nor is it in the Declaration of Independence or the earlier Articles of Confederation.
However, luckily, Judge Walker will not have the last say. This case is going to an appellate court, where, hopefully, the will of the people will be restored. Shame on you Judge Walker. You should be disbarred.
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