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August 23, 2010 Print

Meese: Judge Walker’s decision not the definitive word

by Jenny Tyree

Former Attorney General,  Edwin Meese III, wrote a great op ed last week about Judge Walker’s Prop. 8 decision.  It was so good, it’s worth a mention a week later.

Meese makes several succinct points about all that Judge Walker ignored in his written decision.

By refusing to acknowledge binding Supreme Court precedent, substantial evidence produced at trial that was contrary to the holding and plain common sense, the ruling exhibits none of the requirements of a traditional decision.

and

Sound judicial opinions consider the facts and evidence on both sides of an argument, apply them fairly to the dispute at hand and determine which legal cases are on point.  Yet Walker’s opinion pretends that the voluminous evidence introduced on the side of Proposition 8 does not exist.

and

Despite ample evidence introduced into the record that only a union of a man and woman can produce offspring (as if that needs proof), Walker’s opinion denied the relevance of that biological fact.

and

Having ignored everything courts typically rely on in making sound judgments, Walker concluded that Proposition 8 was enacted “without reason” and demonstrates “a private moral view that same-sex couples are inferior to opposite-sex couples [and are] . . . not as good as opposite-sex couples.”

The main point?

The rule of law demands more careful consideration of this important issue than Walker’s decision delivered.

Amen and amen.



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  • http://ch30410@yahoo.fr David Cox

    I’ve poured over every page of the 2010 trial transcripts, watched the pretrial videos, read the final ruling and the Cal. Supreme Court’s May 2009 ruling in their entirety. Have you?

    For a fast read, Judge Walker’s final ruling’s 80 points in its fact finding section sums up the entire 13-day trial.

    They are easy to find online. While the Sup. Court found the referendum process was conducted according to constitutional rules, it noted in closing pages that Prop 8, in and of itself went against the state’s constitution.

    • Jenny Tyree

      Thanks for writing, David.

      It appears that you have read and watched much of the same Prop. 8 trial information that my colleague, Bruce, and I have. And yet, we and other Americans still disagree with decisions by the 2008 CA Supreme Court and Judge Walker, and apparently, your own opinions.

      Given this, I would say that the very end of the 2009 state Supreme Court’s majority opinion in the Strauss case says it best:

      Having determined that none of the constitutional challenges to the adoption of Proposition 8 have merit, we observe that if there is to be a change to the state constitutional ruled embodied in that measure, it must ‘find its expression at the ballot box.’

      All the best,

      Jenny

  • Michael

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