[Guest post by Jack Dunphy]
“When you don’t win an argument on the merits, change the subject. That seems to be the favorite tactic of groups opposed to marriage equality for same-sex couples.”
So begins an op-ed piece, “Lose the ruling, attack the judge,” in Friday’s Los Angeles Times. The column was written by Jon W. Davidson, the legal director of Lambda Legal, the organization that brought the federal lawsuit attacking California’s Proposition 8, so it comes as no surprise that it supports U.S. District Court Judge Vaughn Walker’s decision to rule the proposition unconstitutional.
But note where Davidson chooses to begin his timeline, rather like picking up a book and starting with chapter two. I recall there being an election some time ago, one in which a majority of California voters — for the second time — made known their preference to define marriage as it has been understood for thousands of years.
I propose an alternative opening for the column, one that more accurately reflects the sequence of events: “When you don’t win the argument at the ballot box, as indeed advocates for homosexual marriage have failed to win in even a single instance in the 31 times they’ve tried, take the campaign to the more accommodating venue of the courtroom. There, a lone judge, blessed with finely attuned senses denied to both his predecessors and the ignorant proles of the voting public, can discover a constitutional right that mysteriously remained undetected through all our nation’s history. That seems to be the favorite tactic of groups advocating for same-sex marriage.”