When a lower judge makes an unprecedented ruling that totally overturns existing Supreme Court precedent, the normal thing for that judge to do is to stay his decision and let the higher courts decide in an orderly fashion that respects the rule of law whether he’s right or way off-base. Judge Walker’s ruling is more evidence that he is not a neutral referee but an activist on this issue.
He doesn’t even want his ruling — which ignores Supreme Court precedent and imposes gay marriage against the expressed wishes of the electorate — appealed to the Ninth Circuit. Walker feels that only the state politicians who were against Proposition 8 have standing to appeal, while the over 7 million California voters who supported Proposition 8 shouldn’t be able to even present their position to a higher court. It’s outrageous. The people are supposed to be sovereign, not the politicians. This stay order will be appealed to the Ninth Circuit and if necessary to Justice Anthony Kennedy, and I think it is a tactical mistake on Judge Walker’s part to display his injudicious zeal — once again — before Kennedy’s eyes.
– Brian Brown is the president of the National Organization for Marriage.