Conservatives Get 'Slap in the Face'
The case is expected to eventually go to the U.S. Supreme Court, and ADF is planning to appeal the ruling. But some are not confident about the outcome of such an appeal.
Colson said his hope was not in the appeal but "in the groundswell of public outrage and resistance."
"It's time we took a stand. Millions of us have got to speak up and say, 'No, we'll give to Caesar what belongs to Caesar, never to Caesar what belongs to God,'" said Colson.
Colson also said that the judge's sexuality could be a factor. "Inasmuch as Walker is one of the few openly gay federal judges, maybe his dismissal shouldn't shock us, either," said Colson.
Family Research Council (FRC) president Tony Perkins warned that an appeal could result in making same-sex marriage a more contentious issue. "This lawsuit, should it be upheld on appeal and in the Supreme Court, would become the 'Roe v. Wade' of same-sex 'marriage,' overturning the marriage laws of 45 states. As with abortion, the Supreme Court's involvement would only make the issue more volatile," said Perkins.
Land agreed that the outcome of an appeal to the Supreme Court could go either way.
"If and when the Supreme Court agrees with the lower court, then the American people will have to decide whether they will insist on continuing to have a government of the people, by the people and for the people, or whether they're going to live under the serfdom of government by the judges, of the judges and for the judges," said Land. He said the only option available may be to pass an amendment to the U.S. Constitution. In the meantime, he called for "sustained prayer, for revival, awakening and deliverance."
The American Family Association (AFA) has called for Judge Walker's impeachment. Under the Constitution, judges may be impeached if they violate a standard of "good Behaviour." According to the AFA, Walker violated this standard in two ways.
First, the AFA said that by even considering the case, Walker "exceeded his constitutional authority and engaged in judicial tyranny." According to Walker's decision, however, the issue was not marriage but the application of the 14th Amendment, which is a federal issue.
Second, the AFA said, "Judge Walker is an open homosexual, and should have recused himself from this case due to his obvious conflict of interest." AFA's Bryan Fischer further said, "[Walker] is Exhibit A as to why homosexuals should be disqualified from public office … A man who ignores time-honored standards of sexual behavior simply cannot be trusted with the power of public office."
Solicitor General Elena Kagan was confirmed yesterday as an associate justice of the U.S. Supreme Court. The Senate approved President Obama's nominee on a largely partisan vote of 63 to 37. Kagan was opposed by conservative groups for her presumed positions on social issues such as abortion and gay rights.
"Elena Kagan will bring a radical judicial philosophy and a history of sharp-edged political maneuvering to the nation's highest legal bench. Her confirmation is another body-blow against genuine constitutional governance," said FRC's Tony Perkins. "Her confirmation is especially troubling in light of yesterday's ruling by a San Francisco federal judge striking down the historical definition of marriage. She has shown repeatedly that she will do exactly what she says a judge should not—creatively reinterpret the written text of the Constitution according to her own convictions."