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Dan McLaughlin: Judge Walker is trying to have it both ways

By Alliance Alert

The New Ledger: "(1) Judge Walker?s decision is internally, logically inconsistent in its treatment of the worth of cultural values, arguing that morality and tradition are not a valid basis for supporting the legal status of marriage, but at the same time finding a Constitutional violation from the fact that the same-sex alternative (domestic partnerships) lacks the social and cultural status that marriage has . . . and which it derives from its grounding in longstanding moral, cultural and religious traditions; (2) Judge Walker?s decision ignores the compelling state interest in promoting childbearing and childrearing within the context of opposite-sex marriage, and the absence of such an interest in same-sex marriage, specifically ignoring the fact that heterosexual relationships produce many more children than homosexual relationships; and (3) the whole idea of leaving core judgments about a society?s most central and longstanding values to a single judge rather than respect the collective wisdom of a diverse electorate is fundamentally anti-democratic."

Full post as published by Constitutionally Correct on August 06, 2010 (boomark / email).