I finished reading Perry and this has to be the worst case I have ever read. It’s not so much the conclusion that bothers me (though it does) but that nothing in this opinion resembles the type of careful legal analysis one would expect when arriving at a decision of such magnitude. The opinion – and that is exactly what it is, an opinion, albeit not a legal one – is crammed full of questionable proclamations by so-called experts on gay and lesbian issues that are treated as foregone conclusions without ever weighing their merit. And while I did think the arguments made by the proponents of Prop 8 could have been more robust, the judge dismisses them out of hand and then throws in some ad hominem attacks on the authors’ credibility to boot. Not only does this demonstrate an astonishing lack of respect on the part of the judge for the parties in this case, it manifests a flagrant disregard for the rule of law.
To borrow from Oliver Wendell Holmes, Jr., hard cases – and sloppy opinions – make bad law. Decisions based on personal sentiment rather than sound legal reasoning have been used to support all kinds of undesirable outcomes. In law as in life, the end does not justify the means.
The thing is, if Judge Walker and the opponents of Prop 8 had exerted a bit of effort, I think they could have come up with some cogent and defensible legal arguments to support their conclusion. I can respect a well-argued position, even if I disagree with it. But why sweat the legal stuff when it’s so much easier to write about your feelings. I guess Robert Fulghum was right…clearly all the judge thought he needed to know about case law, he learned in kindergarten. I’m surprised the decision didn’t come with drawings.
And for the record, Jerry Brown should be fired for failing to do his job, which is to vigorously defend the laws of the State of California, regardless of his personal views. I still can’t figure out what he was so afraid of…unless he thought he might actually win his case.
