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Today U.S. District Judge Vaughn Walker ruled in Perry v. Schwarzenegger that Proposition 8, defining marriage as the union of one woman and one man in the California Constitution, violates the U.S. Constitution. Every court until today has rejected the argument that there is a “right” to same-sex marriage under the U.S. Constitution. In November 2008, California voters amended their state constitution by passing Prop 8, and the California Supreme Court upheld the marriage amendment.

The California Supreme Court previously stated, “The right of initiative is precious to the people and is one which the courts are zealous to preserve to the fullest tenable measure of spirit as well as letter.” Moreover, the U.S. Constitution cannot be stretched to include a right to same-sex marriage. This is a classic case of judicial activism. The Constitution is unrecognizable in this opinion. This is simply the whim of one judge. It does not reflect the Constitution, the rule of law, or the will of the people. We are confident this decision will be overturned.

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