Judge Lifts Stay on Overturning California Gay Marriage Ban

by: Mike Ludwig, t r u t h o u t | Report

A federal judge lifted a temporary stay preventing same-sex couples in California from getting legally married, but gay couples cannot be married yet - the stay will remain in effect until August 18 to give the defendants time to appeal.

Several gay couples spent Thursday morning waiting to be the first to wed at City Hall in San Francisco, where Chief Judge Vaughn R. Walker issued his historic ruling on Perry v. Schwarzenegger that overturned the Proposition 8 ban on same-sex marriages last Wednesday.

Walker issued a temporary stay on same-sex marriages immediately after making the initial ruling. Proposition 8 supporters have appealed the ruling and pledged to appeal Walker's decision to lift the stay. The stay could be reinstated by an appeals judge.

Walker doubts an appeal of his ruling to lift the stay would be successful without the governor or attorney general signing on as a defendant, writing in his ruling that the "uncertainty surrounding proponents' standing weighs heavily against their likelihood of success."

The initial ruling, which set a historic precedent in the gay marriage debate, was the result of a lawsuit filed by the American Foundation for Equal Rights (AFER) on behalf of two gay couples whose marriage plans were canceled by Proposition 8.

AFER spokesperson Yusef Robb in Los Angeles told Truthout that the foundation is committed to fighting the appeal in the Ninth US Circuit Court of Appeals and beyond until Proposition 8 is ultimately defeated. Robb said people across California eagerly anticipated today's ruling that ended the temporary stay.

Walker's original ruling overturned the ban on grounds that it violated due process and declared gay, lesbian and bisexual persons as a "distinct group" protected by the 14th Amendment of Constitution. The ruling is expected to present serious roadblocks that could force the anti-gay marriage legal team to take the case to the Supreme Court.

Walker's initial ruling cuts through arguments made by Proposition 8 proponents and found that their claims were based on "stereotypes assuming gays are inferior."

During the case, attorneys representing the State of California argued that, as a state-sanctioned union, the state and its voters have both the interest and right to decide who can be married. They argued that thousands of years of crosscultural human tradition shows that marriage is an institution designed to promote procreation and a stable family environment, and gay marriage threatens this tradition, which is "fundamental to the survival of the race."

After weeks of testimony in January and a lively round of final arguments in June, Walker found that same-sex marriage does not threaten heterosexual marriages as Proposition 8 proponents claimed, and Walker acknowledged that the children of gay couples can benefit from their parent's marriage, and that, despite "pro-family" arguments presented by the state's defense team, the ban would only disadvantage both parents and children.

The ruling also recognizes that the same-sex civil unions offered in California violate due process by only offering a "substitute and inferior institution that denies marriage to same-sex couples."

Walker responded to the defense with important findings on the purpose of marriage itself, at least in regards to the interest of the state.

"The evidence did not show any historical purpose for excluding same-sex couples from marriage, as states have never required spouses to have an ability or willingness to procreate in order to marry," Vaughn wrote in his ruling. "Rather, the exclusion exists as an artifact of a time when the genders were seen as having distinct roles in society and in marriage. That time has passed."

Attorneys Theodore Olson and David Boies argued on behalf of the plaintiffs that Proposition 8 violates basic constitutional rights, denies Americans basic liberties and harms both parents and children without due process. This "disfavored" legal status singles out LGBT people as "second class citizens."

Olsen and Bois argued against each other in Bush v. Gore, the case that decided that 2000 election.

Plaintiffs Kris Perry and Sandy Steir have been together for ten years and are the parents of four boys. Partners Paul Katami and Jeff Zarrillo joined Perry and Steir in challenging Proposition 8, which denied both couples the right to marry.

"I want to marry Sandy. I want to have a stable and secure relationship with her that then we can include our children in," Perry testified during the trial. "And I want the discrimination we are feeling with Proposition 8 to end and for a more positive, joyful part of our lives to begin."

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Mike Ludwig is a Truthout Fellow.


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as much i feel this is state

as much i feel this is state matter i gotta say your playing with fire on this progressivism is a dead movement right now an honestly the rights going get their way anyway you se it more importantly if they loved democracy so much why not try a grassroots support then use the voting system to get a new poll vote itll blow up in your faces im telling you if you continue it the way you are



Personally, I'm tired of the

Personally, I'm tired of the whole GLBT demand of "see and treat us as if we were heterosexuals".

It's really much more simple than Walker makes it.... if there is no distinction in the character of the union, then try a member of the opposite sex some time. It might actually be enjoyable, once past the discrimination based on gender and"hetero-phobic" fear and inability to emotionally attach to anyone other than someone carrying the same genitalia as yourself.

Where I use to consider myself middle of the road and openminded, I am becoming incalcitrant the more I am told how to think about it, how to perceive, and why I should substitute the GLBT opinions and beliefs for my own.

I don't and this push is galvanizing me more towards supporting the opposition, not acceptance, legislated or otherwise.

We have become such an indulgent, permissive society as the walls of every institution, financial, social, environmental, ethical, crumble around us.

Isn't it about time we focused on real problems? Like declining jobs, wages, environment, or are we only focused on how and with who people get their rocks off? This is important in light of these things why? Someone please tell me...

What about REAL human atrocities and injustices, like torture, and hunger, war, poverty, health care?



To Anonymous 22:39: All

To Anonymous 22:39:

All those "REAL human atrocities and injustices..." you speak of all start with the belief that someone or some group of people are somehow not one's equal, or worse, are inferior because of some aspect of that person's life. It doesn't really matter what that condition may be other just that it makes that person different and thus less than the "norm." The other person could be shorter, fatter, too tall, too thin, believe in many gods or no gods. All that matters to the potential oppressor group, who are usually in a position of power, is that the different person is perceived as a threat to all that the oppressor holds near and dear and at most times absolute, in spite of the overwhelming evidence to the contrary.



To Old Red Leg: Your point

To Old Red Leg:

Your point is well taken and I agree with your statement on the face of it, but do not think it applies here.... and this is why.

This isn't about being inferior, worse, or equal. Opposition to gay marriage is not an indictment of the person.

Opposition IS an effort to preserve distinctions; permit and allow for differences; to acknowledge that society is heterogeneous; that attempts to convert all members to a state of homogeneous likes and dislikes, is well, quite frankly, to stagnate and rot that society.

It is most definitely about NOT being the same, but the contradictory demand to be perceived the same....to the point where we surgically reassign gender to conform to the perception. Brave new world.... we can indulge every desire, every emotion, and if we unfortunate enough to be unhappy in the end, well we can pharmacologically alter your state of mind too.

Gay marriage in my mind is about ERADICATING distinctions and differences; it is not about permitting them and I embrace the differences in peoples. This rush to conform to the "status quo" is, quite frankly, mind boggling to me. Why the heck is it so important, as a GLBT, to be seen and/or treated as a heterosexual? It makes absolutely no sense to me. That's like me driving a car, and demanding that everyone else acknowledges me as riding a bike, because they are riding bikes too.

Let me say also that every and any restriction a society imposes is an oppression to someone. Age of consent is different throughout the states, and what would be statutory rape and a life sentence as a registered as a sex offender in one state, would be permissible without consequence in another. The Federal Government has permitted these distinctions to be made, based on age. Is Roman Polanski guilty of a crime? Ask his victim, she says no. Ask the State of California, they say yes. Put it the court of public opinion, and who knows what will be said. If we are going to eradicate differences on a Federal level and impose them on the states, why do GLBT limit their claim to their own self-indulgent practices.... why not extend it to all?

Opposition to gay marriage is most definitely about allowing for differences, CONTRACTUALLY, as well as emotionally and physically. And permitting States to decide that matter.

It is about the degree of permissiveness a society, as an aggregate of diversity, lusts, greed's, perversions, likes, dislikes,socio-economic status, religions, belief systems, laws, and states, can reasonably allow to accommodate and remain intact and functioning as a totality.

I personally cannot equate torture, war, mutilation, starvation, with the inability to marry your same sex partner. That just isn't on the same playing field to me.



Oh, good... This makes me

Oh, good...

This makes me feel that some judges are, in fact, looking carefully at the wonderful document that is our Constitution.

When I got married, we went to the courthouse, here in Danbury, and got a state-documented license to do so. All the rest was up to my husband-to-be, and myself... Church or no church, minister or no minister, cake or no cake, band or no band, and so on...

Having been legally sanctioned by the State of Connecticut to make this contract, we were free to do whatever we wanted after that.

No other contract asks for identification of the sex of either party. And none should.

Good, and well-reasoned, judgement, Judge Walker!



To Anonymous (Fri,

To Anonymous (Fri, 08/13/2010 - 01:01 )

Contrary to what you argue, it is opposition to gay marriage that constitutes opposition to differences, a rejection of heterogeneity, and—frankly--a rejection of individuals perceived as “self-indulgent,” as you put it. Gay persons do not suffer from an “inability to emotionally attach to anyone other than someone carrying the same genitalia as yourself”; like all other normal human beings, they have strong emotional attachments to persons of both sexes. Rather, they are sexually attracted to persons of the same sex. Evidence suggests that there is a genetic factor involved, that it is not a matter of choice. Many have, as you recommend, “tr[ied] a member of the opposite sex”; many have even married and produced children, under pressure from the culture around them and a desire to share a “normal life.” GLBT advocates are NOT asking you to substitute their opinions and beliefs for your own, but to give all persons the freedom to enjoy the rights and privileges guaranteed by the US Constitution. They are not asking “to be seen and/or treated as a heterosexual,” but to enjoy the same rights that heterosexuals possess, including marriage.

GLBT persons are not focusing only on the issue of gay marriage, as you suggest. Many are concerned as well with the other issues you mention. ALL of them are real problems, and ALL deserve to be addressed. There is no need to establish a hierarchy and then privilege only the worst of them. We should be addressing them all.

The next to last paragraph of your reply to Old Red Leg, with its references to lusts and perversions, may suggest the real reasons that your open-mindedness is beginning to fail you. I suspect that much opposition to gays comes down to disgust over the nature of gay sexual expression. Please be assured that gay marriage and its expressions are no threat to the institution of marriage or to you.



The genetic argument has

The genetic argument has been both advanced and discredited by experts in the field. It all depends on who you want to believe, for both camps produce experts. Study of identical twins does not support a statistically significant component.

It is, as you note yourself, what one group of individual finds erotic, or sexually attractive. It's not the practice, it's the demand for endorsement of their erotic preference on a widespread cultural scale.

There are heterosexual practices that society in general limits, ie masturbation in public, live sex shows (yes, we have them), bestiality, sex with adolescents, etc. We put limits on public expression, public endorsement, of many erotic practices independent of the "origin" of the desire, nature, nurture, whatever.

Rage is a "genetic" and hormonal issue.... it too is a normal response....adrenalin drops, it primes our bodies to act out. We don't as a society endorse indulging rage because we are "biologically" primed for it. Society, and civilization, impose restrictions on our urges.
That's what makes it a "civilization" .

We'll just have to agree to disagree. It seems as if you buy the argument that biology is destiny.... genetics determines my feelings, and my feelings determine my actions.

I'm not convinced of that. Actions tend to pre-empt cognitive decision making and thought.

The only point we can agree on is that there is no real accounting for who finds what attractive.

What we disagree on is which of those attractions should be codified into law, man man, man boy, woman child, daughter, sister-brother.., stepfather - daughter, step mother - son.



Are the proponents of prop.

Are the proponents of prop. 8 going to have a hard time? Maybe, look at the BIG words they have thrown out, arguing that in his decision Judge Walker "ignored virtually everything - judicial authority, the works of eminent scholars past and present in all relevant academic fields, extensive documentary and historical evidence, and even simple common sense." How on earth are the proponents going to substantiate those heavy accusations? Everybody who took the time to read the entire proceeding or watch (the re-enactment of) it, will know that these allegations are outright lies. Of course the proponents are playing sound bites poker, well knowing that the public attention span is much too short to care for details and thruth. They know they will never have to defend their words, and it's sad really, to witness another dishonest crew of legal professionals. The comfort however, is that they do not give the impression of being too clever.



This issue is not about

This issue is not about making it legal for same-sex couples to get married. That cannot be stopped. All that is required is an officiant willing to perform the marriage, and there are plenty of those out there.

This is about equality under the law in terms of what marriages the state is going to register.

Every study done has highlighted benefits that this equality would bring to society, and none has shown disadvantages. Again, not that doing so would abridge the real issue - equality under law.

Biblical arguments have no relevance in issues regarding American law. Our 1st Amendment ensures that we are not going to enforce a faith on anyone thru the law.

Personally, I think that the best solution would be to get the state out of marriage entirely. Create a civil union contract for straights and gays - for anyone who wants to create one. Let churches handle marriages - but let marriages grant no legal status. Only civil union contracts should do that. Keep the state and the church separate.

Lastly, to understand what an uphill battle is presented in trying to get Prop 8 back into law, I believe that those attempting to appeal have to be able to show that they have standing - including that overturning the law has harmed them in some way. I don't think any of them will be able to present any kind of coherent argument that can demonstrate that.



It is time to get the state

It is time to get the state out of the marriage business altogether. The state should institute a registry of civil unions. Whatever couples want to do in the way of sanctifying their relationship should be left up to them and the church of their choice or whatever else they may chose to do to celebrate their commitment to each other.



The issue is not about

The issue is not about equality....

The Harvard Journal of Law & Public Policy, Vol. 31, published a review of the legal ramifications of "genderless marriage", in a piece called Marriage Facts. Facts in this case does not refer to actual "truths". Rather, it is a legal term referencing previous judicial decisions.

You can not permit "same sex marriage" without first deconstructing "opposite sex marriage". That's the legal ramification, according this review. All the govt can do is codify "genderless marriage" and by doing so, "gender" marriage, or heterosexual marriage, is immediately, legally, no longer existent.

They also state that man-woman marriage is a "pre-political institution; in contrast, genderless marriage is necessarily a political one".

One cannot legislate the "equality" sought, for what I understand is being sought is a consensus of opinion regarding the normalcy and acceptability of same sex unions or attempting to force one legally.

It is not the issue or practice of homosexuality itself that I question. It is the demand that the legal system, and society at large should codify one sub-cultures erotic preference for any reason. It should be sufficient to engage whatever sexual practice you want without interference. The need to have it endorsed speaks to issues related more to "self acceptance". The need to belong is so overwhelming as to be in, and of itself, unhealthy and pathological. Domestic partnership laws provided the same benefits as marriage without eliminating the legal concept of heterosexual marriage. That is sufficient in securing equal rights, if rights is what is being sought.

If it is emotional, societal validation, that legally can only be obtained by eliminating "opposite sex" marriage as constituting marriage and replacing it with "genderless marriage" that's not equality. That's fear of being different, and several previous posts allude to that. What is being sought is emotional, social validation. Not equal rights. That's insecurity and need for approval. Is is government's role to provide that?



Prop 8 is simply about

Prop 8 is simply about restricting the legal status of a certain group of people, namely gays. It is so obviously unconstitutional that it competes with Arizona's emigrant bashing law for worst-law-passed-b- a-population-hoodwinked-by-demagogues. Prop 8 makes me ashamed to be a Californian.

As an aside, the real import of marriage may come during divorce, when the law protects the parties from taking unfair advantage of one another. Why shouldn't gays have that same protection? Just because they scare some straight people?



"Anonymous" seems to be

"Anonymous" seems to be skillful at masking deep anti-gay prejudice with all kinds of specious arguments that seem benign but are deeply offensive. That tactic generally has been true of Prop 8 proponents, who made up scary scenarios (e.g. teaching children about homosexuality -- OMG, how aweful!!) instead of being honest and just saying they actually believe Gay people are inferior or even worthy of hate and condemnation.

And by the way, the Harvard Journal of Law and Public Policy is a STUDENT journal and is self-described as "Tri-annual student law review for CONSERVATIVE AND LIBERTARIAN legal scholarship". So, do you really think that a journal that already proclaims that it has a conservative agenda is going to be objective about gay marriage? And you didn't even have the guts to reveal that this was a biased student opinion piece in the first place.



This has been criticised by

This has been criticised by many, not just proponents of Proposition 8, as 'undemocratic', however the role of this court was not to assess or to respond to the will of the people. It was charged solely with determining whether this Proposition should ever have been brought before the People in the first place, on the grounds that it breached the 14th Amendment of the US Constitution by denying a select minority the right to marry a person of their choice. This same Amendment was successfully invoked to overturn anti-miscegenation laws preventing blacks and whites from intermarrying.

Direct Democracy, in other words Anarchy, would succeed only if the population were all sufficiently well educated and in possession of all the facts. This is why governments are allowed to get on with the job once they have convinced the electorate of their competency and probity to do the job. Handing 100% of the power over to the people means you wouldn't need government at all.

Speaking for myself, I elect politicians into high office to act not only in the interests of the majority, but also in my best interests. If I am not happy, I can lobby for change, vote differently next time, or stand for public office myself.

I think the present system serves the interests of the majority better than some might realise. Trampling over minorities doesn't serve the country in the long run. As we have already seen to our great cost, terrorism can be practised by surprising small numbers of people with devastating consequences for comparatively large numbers of people.



To anonymous: You might take

To anonymous:

You might take a look at the Wikipedia article "Biology and Sexual Orientation," if not for its summations--which strike me, as a professor of psychology, as decently good--then for the literature it cites. You might also take a look at a paper entitled "Homosexual Orientation in Males: Evolutionary and Ethological Aspects" by Muscarella et al--a pdf of which you can find online--which appropriately underscores the complexity of the phenomena and their causation. Your facile rejection of genetic and biological factors is not sustainable, just as your citation of an article in a Federalist Society house organ is not creditable.

Again, you are distorting what is at issue. Gays are not asking for "public endorsement of their erotic preference on a widespread cultural scale," but the freedom to form legal relationships that are based on these preferences. And I am not arguing that any behavior that has underlying genetic or hormonal causes is thereby acceptable—you cite rage as an example--but that your conviction that gays should just shape up and be straight is unreasonable. Similarly, your reduction of their demands for equal rights to "insecurity and need for approval" is demeaning and unempathic. Are you unable to imagine yourself in their legal position? I find it difficult to take seriously your claim that you were once open-minded about these matters. Perhaps our standards for that are rather different.



I was not aware of the

I was not aware of the origins of the Harvard Journal of Law and Public Policy. With that said, that it has a conservative leaning is about as relevant as Judge Walker perhaps having a liberal, gay-endorsing orientation and thereby rendering his decision also biased.
If those allegations are true, I doubt you would feel it renders his decision "uncredible".

That it is student generated perhaps discredits it more than it's stated political leaning.

Don: You presume much about me being "homophobic and hateful".

All I can offer you is that to me, it is a non-sequitur to conclude I must be hateful and anti-gay because I find the arguments about equality unconvincing and have stated my reasons for finding them unconvincing.
It's also non-productive to address issues by resorting to personal attacks.

Let you too be honest and admit it's not about equality, but about validation, social acceptance, and normalizing what has historically been a side sexual practice engaged in by by a minority of individuals.

Seeing it as such is a far cry from hate or anti-gay sentiments. It's calling a spade a spade, which is what you are trying to avoid.

And no, I'm not part of the majority, or mainstream. I've always lived, and enjoyed living, on the margins of acceptable society.



My favorite quote is from a

My favorite quote is from a Warner Bros. cartoon in which Daffy Duck says "Obviously, we are dealing with inferior mentalities." Many years ago I finally realized that I had been brainwashed into believing Gay people were sinners or mentally ill. That is when I realized that organized religion is based on superstition and outright lies. Lies about slavery, about women, about left-handedness (caused by the Devil), lies about the "after life" -- it goes on and on. And the lies continue, most frequently from people who claim to be moral and virtuous but who are more likely to be dishonest, deceptive or patently gullible.



If the courts have no

If the courts have no respect for marriage having been defined in Genesis 2:18-24 for thousands of years, and done so at a time before the existence of the government and courts of man, then how can the courts expect us, American Citizens, to have respect for their flash-in-the-pan decisions? If government is about bringing on the demise of our present civilization, they could not be doing a better job of it. Other than that, I think their decisions will fall upon those who know not to uphold the law of man above the law of God.
Hey, is it just me or, does old judge walker look like a homowhore from the castro district of san fransicko who has seen its' best trick a long time ago?



Winston Court considers

Winston Court considers himself a typical American Citizen. And he possesses the ultimate knowledge of what the higher powers of the Universe - AKA God - want mankind to be and to do. Wow!
Forget the Constitution, no separation of state and religion here, we know better!

His last paragraph, on Judge Walker, is so utterly mean and irrelevant that every decent person must feel shameful of his behalf. Is this the mentality of the American Citizen? If so, then I am deeply grateful for not being one. Ignorant and superstitious people like him may not even know the fact that 10 countries outside the US now have marriage equality and more countries will follow. Are all these countries uncivilized? Of course not, on the contrary, they are more civilized than his Jesusland.



I agree with Gurka that

I agree with Gurka that "Winston Court's" mean attack on Judge Walker just confirms that many of "God's children" are just nasty bigots hiding behind religion.
And by the way, if you're going to hold up the Old Testament as an example, then you should know that Hebrew men were required to marry their widowed sister-in-laws -- see Deuteronomy 25:5–10, 21:15-17 and also Exodus 21:10, for example. Yes, polygamy was accepted and common in the Hebrew and many other societies --- and still is.



To: A GLBT friend (not

To: A GLBT friend (not verified) Fri, 08/13/2010 - 22:47
 
I find it curious that you question my empathy, suggest I am closed minded on the subject, then direct me to read supportive research articles.   Even assuming a biological basis to be true, it's irrelevant for previously stated reasons.   All behavior, in the end, can be reduced to a biological origin and reduces the argument to an absurdity. 

There exists also the biological argument for infidelity, also fairly well researched, yet we do not erode the existing state of marriage by claiming "it's biological in origin", therefore claiming bigamy, polygamy, and infidelity should be subject to the 14th Amendment protection clause.   The GLTB community itself, when advocating marriage, would likely dismisses the research in this area and does not advocate this behavior out of self interest.    It does not fit the prevailing view of what marriage is about, or should be about.    
 
I find the reference to recent psychology research to be short-sighted and preliminary, not definitive. The field of  psychology and psychiatry also brought us lobotomies,  electro shock therapy, and the indiscriminate use of psychotropic drugs as a panacea for existential angst.    It was the expert credentials of one physician, Dr. John Money,  psychologist / sexologist, who began "gender reassignment" at birth, with tragic consequences.  Allegedly fudging data on his research studies to support his view as well.   I am sufficiently acquainted with the research process, how it is funded, conducted, designed, published and the limitations therein to view all research with a healthy degree of circumspection.  
 

The  claim about legal rights also sounds disingenuous, for legal rights have been secured, at least inCalifornia, that provide equivalent legal instruments of protection for securing rights and benefits.   Forming legal relationships based on these preferences, to use your phrasing, has already been provided.  That that is insufficient precisely because it does not carry the same psychological currency as marriage between heterosexuals says to me that "rights" is a smokescreen for the cultural acceptance and validation.

 
I also find the claim that homosexuality is at the core of the GLBT identity and that the existing restriction of  marriage to heterosexual relationships somehow infringes on that core identity bears additional scrutiny.   We're not talking about restricting "legal rights", already secured, but by restricting marriage, an historical heterosexual contractual agreement.   The failure to acknowledge that this is perhaps a direct encroachment on heterosexual "core" identity is ridiculed.    The GLBT  community has practices, nomenclature, clubs, forums, organizations, banners, ribbons, etc that serve as descriptors unique to their orientation and relationships, yet the heterosexual relationship is to share and redefined it's name descriptors that have been unique to their identity.    

At one time we assigned intersex (hermaphrodite) one sex or the other at birth.   Now, we've come full circle to deliberately create, surgically, intersex adults in the quest for "gender equality" and providing same sex couples birth capabilities.   We are now are asked to believe that two lesbian woman, who cannot help their biological attraction to the same sex, remain attracted to their "male" transgendered partner.   Same sex attraction would dictate rejection of this now "male" partner, particularly if the attraction is a biological response not under ones own volition.    Yet we are told to put circumspection aside and pursue this in an effort to provide gender equality.  Questioning this line of "expert" insight is to risk being ostracized as a bigot, as discriminatory, and all the other pejoratives.   

I also  question the underlying assumption that all in the GLBT community are in support of gay marriage.   That a vocal faction of the GLBT community feel victimized, persecuted, and discriminated against in the absence of designating their unions marriage does not mean that all within the community subscribe to that view.  Yet, that is what the general public is led to believe.   Paula J. Ettelbrick, lesbian, long-time lawyer activist for gay rights, alludes to this in her essay "Since When Is Marriage a Path to Liberation".  Former gay KABC radio host Al Rantel makes his case against gay marriage.   It too can be found on the internet  by searching the title "Gay Talk Show Host Opposes Gay Marriage".  Yet, it would be difficult to dismiss their comments, concerns and reservations regarding the benefits of gay marriage as the result of "homophobia, bigotry" etc.
 
Yes,  perhaps I appear to lack empathy in the face of rabid dogmatism.   It's an involuntary reaction,  for to my ears the GLBT community sound as militant as George Bush himself with the cry "either you are for us, or you are against us".  When there is no room for uncertainty in the dialogue, no room for questioning, it comes across as extremely militant.     "If you do not endorse our platform, then it is a result of your own homophobia, bigotry, religious orientation, oppression ".... all the negative attributions and stereotypes get heaped on.    We can add to that now your own assessment that I must be unempathetic and close minded for not adopting and endorsing the "gay marriage" stance.  
 
There is only one valid viewpoint it would seem, and that is the one of gay marriage advocacy.   Any and all opposition is discredited as having no basis in reality and unworthy of consideration.    When adopting that view, one risks becoming as much a victimizer as victim, as much a bigot.   You become the very thing you say you are defending against.    Strange and paradoxical how that works, isn't it professor?