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A Watershed for the Left

During the week of December 6, the Ninth Circuit Court of Appeals will hear arguments in Perry v. Schwarzenegger.  In the original decision, U.S. District Judge Vaughn R. Walker held that California’s Proposition 8, which amended the state constitution to define marriage as a union between a man and a woman, violated the Due Process and Equal Protection Clauses of the 14th Amendment to the U.S. Constitution.  In essence, Judge Walker ruled that there is no rational reason to limit marriage to opposite-sex couples.  He redefined marriage as “a couple’s choice to live with each other, to remain committed to one another and to form a household based on their own feelings about one another and to join in an economic partnership and support one another and any dependents [sic].”

Considering that the Ninth Circuit is the most liberal appellate court in the country, Judge Walker’s decision will likely be upheld.  Whatever the result, the losing side is certain to petition the Supreme Court for certiorari.  Although the Supreme Court is not required to grant review, it’s doubtful that the Court’s more liberal members will pass on an opportunity to engage in social experimentation.  Judge Walker’s new definition of marriage might become de rigueur in all 50 states.

The Perry opinion is a reflection of the modern...

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