The Three Judges

Carol J. Williams reports at LATimes.com the three judges who will handle the next phase of the Proposition 8 case.

The federal appeals court panel that will decide the legality of Proposition 8, the 2008 ballot measure that banned same-sex marriage in California, represents a broad ideological spectrum of the judiciary.

The amendment to the California constitution is not a ban.

The U.S. 9th Circuit Court of Appeals announced Monday that Stephen Reinhardt, the liberal lion of the circuit, will decide the case along with Michael Daly Hawkins, a moderate appointed by President Clinton, and N. Randy Smith, a conservative named to the court by President George W. Bush.

I'm less concerned about the labels of "liberal", "moderate" (which probably means liberal, given who is using the term), and "conservative". I'm more interested in their views on separation of powers, federalism, and whether men and women are different (and if this is demonstrated in their personal lives). Men and women are treated differently by the federal government, after all. Hopefully, the court will see that Judge Walker erred as a federal intruder in overturning the vote of Californians amending their own constitution to reinforce the Constitutionally-sound principle that different kinds of voluntary associations can be treated differently.