Judge Walker is the problem; impeachment is the cure
Thursday, August 05, 2010 10:43 AM


By Bryan Fischer

Judge Vaughn Walker’s ruling yesterday, in which he trampled on the will of seven million Californians, is a monstrous, egregious, reprehensible expression of judicial activism and tyranny.

According to Judge Walker, it is not longer “We the People,” it is now “I the Judge.”

Although almost no other organizations other than the American Family Association are making an issue of this, Judge Walker should have recused himself from this case since he is a practicing homosexual. This created a clear conflict of interest, and he had no business issuing a ruling on a matter on which he had such a huge personal and private interest.

His own personal sexual proclitivies utterly compromised his ability to make an impartial ruling in this case. After all, the bottom line issue is whether homosexual behavior, with all its threats to psychological and physical health, is behavior that should be promoted in any rational society.

Judge Walker has already decided this issue for himself, and has no business putting himself in a place where his own personal value judgments could be substituted for the express will of the people of California.

He is Exhibit A as to why homosexuals should be disqualified from public office. Character is an important qualification for public service, and what an individual does in his private sexual life is a critical component of character. A man who ignores time-honored standards of sexual behavior simply cannot be trusted with the power of public office.

This, by the way, is why Elana Kagan should not be elevated to the Supreme Court. Although she has not come out of the closet herself, her lesbian partner has, and Ms. Kagan’s sexual preference is an open secret in Washington circles. Her indulgence in sexually aberrant behavior should make her ineligible to serve on the highest court in the land.

You will find no mention of marriage in the federal constitution at all. The authority to establish marriage policy is not among the 18 enumerated powers given to the federal government in Article I, Section 8. This means, according to the 10th Amendment, that establishing marriage policy is none of the federal government’s business. That’s a power reserved to the states.

The 1996 Defense of Marriage Act, signed into law by President Clinton, makes this expressly clear, by protecting the constitutional right of each state to establish marriage policy for itself, without its marriage policy being dictated to it by another state, let alone a tyrannical federal judge.

Judge Walker violated his oath of office to uphold and defend the Constitution the moment he accepted this case, and he violated it again by imposing his own moral views of human sexuality on the residents of California.

Despite all the blather we hear about judges being unaccountable, they in fact are not. They do not, contrary to myth, have lifetime appointments. According to the Constitution, they serve only “during good Behaviour.”

The power of impeachment was given to Congress by the Founders expressly to serve as a check on the federal judiciary. They are not an unaccountable branch; they are accountable to Congress, and it’s time for Congress to use its power and dethrone this petty, black-robed tyrant.

Since Judge Walker’s blatant judicial tyranny is an example of very, very bad behavior, he can and should be impeached by the House of Representatives. It’s time for Americans to appeal to their congressmen and urge this course of action, and to get them on record as to whether they are willing to hold out-of-control judges to account or not.

We’re past the time where we can simply wring our hands and talk endlessly about how bad things are in Washington. It is time for action.

Members of the House of Representatives can do something about this, and we must expect them to do it.

What conservative members of the House and Senate must realize is that if they do not take appropriate action here, conservative, pro-family voters are going to start checking out completely.

Pro-family voters will say, “What’s the point? Why bother even going to the polls, if all the big decisions are made by out-of-control federal judges? What’s the point of cultural engagement if we no longer have the right to govern ourselves, and our elected officials won’t intervene to protect our constitutional rights to self-governance?”

If conservative members of the House and Senate want to preserve the energy in their base and preserve what is left of the American experiment, it’s time for them to step up to the plate and do what is in their power to remove Judge Vaughn Walker from the federal bench.

It’s past time for him to go, and past time for Congress to begin holding federal judges accountable for gross breaches of their oath of office.