Although the decision is the first of its kind in the nation (some state courts have mandated gay marriage in light of state laws), it came as little surprise to supporters of Prop. 8, who viewed Chief Judge Walker’s conduct throughout the trial as favorable to gay marriage. During the trial, it was disclosed that Judge Walker himself is gay.
Because Attorney General Jerry Brown abdicated his constitutional role of defending voter-approved measures, the lawsuit was defended by ProtectMarriage.com, the official proponent of Prop. 8. Pacific Justice Institute was an active member of the Protect Marriage coalition and worked with the head of the ProtectMarriage campaign, Ron Prentice, toward the passage of Prop. 8.
Brad Dacus, president of Pacific Justice Institute, commented, “Today’s ruling is a classic case of judicial activism. While it is not surprising that gay activists were able to find a judge in San Francisco sympathetic to their cause, it should be alarming that any federal judge would overturn centuries of precedent and millions of votes for traditional marriage based on his own personal views. This also reminds us why a president’s judicial nominees must be closely scrutinized. While this is a dark day for marriage and the family, it is far from over as an appeal will certainly follow.”