The ‘trial’ in San Francisco in the Perry v. Schwarzenegger case is a unique, and disturbing, episode in American jurisprudence. Here we have an openly gay (according to the San Francisco Chronicle) federal judge substituting his views for those of the American people and of our Founding Fathers who I promise you would be shocked by courts that imagine they have the right to put gay marriage in our Constitution. We call on the Supreme Court and Congress to protect the people’s right to vote for marriage.
—Maggie Gallagher, chairman of the National Organization for Marriage, in a statement following yesterday’s Prop 8 decision. But:
Well, yes — the founders would’ve been shocked, because the decision was based in part on the 14th Amendment, which the founders had nothing to do with, because they owned people as property.
—Salon‘s Alex Pareene, putting things in context