I think the appropriate response by Judge Walker to Proposition 8 should have been to place an injunction on issuing any new marriage licenses in California and to stop enforcement of laws requiring marriage licenses. If moral reasons are not valid reasons for regulating marriage, we are left with a regulation that is an anachronism from the past. I have been married 27 years. I know where my driving license is. I hang my college degrees on the wall. I do not have a clue where my marriage license is. If I was not required to get a marriage license when I got married, I would not have gotten it. Marriage licenses are vanity plates. The judge had the opportunity to step back from the present and future controversies by declaring marriage regulations null and void. If California wants to continue to get the tax revenue from marriage licenses, legislators will figure out how to get the various parties to play well together. Which ever way this ruling goes in the upper courts, the bond between church and state on regulating marriage is defunct.
Cross posted on the article, Requiem For An Ideal, at doczero.org.