Clearly some rampant judicial activism going on when it falls to the judge to finally point out the blazingly obvious logical flaws in a case:
The unusual exchange between U.S. District Chief Judge Vaughn Walker and Charles Cooper, a lawyer for the group that sponsored Proposition 8, came during a hearing on a lawsuit challenging the measure as discriminatory under the U.S. Constitution.
Cooper had asked Walker to throw out the suit or make it more difficult for those civil rights claims to prevail. The judge not only refused but signaled that when the case goes to trial in January, he expects Cooper and his legal team to present evidence showing that male-female marriages would be undermined if same-sex marriages were legal.
Some of the specific exchanges went like this:
“What is the harm to the procreation purpose you outlined of allowing same-sex couples to get married?” Walker asked.
“My answer is, I don’t know. I don’t know,” Cooper answered.
and this:
“Since when do Constitutional rights rest on the proof of no harm?” Walker parried, adding the First Amendment right to free speech protects activities that many find offensive, “but we tolerate those in a free society.”
all one can say to that is: “Yep. And Yep.”
Lemkin 