David French: What do Judge Walker and Justice Kennedy have in common?

ADF Attorney David French writing at Phi Beta Cons: “They are judicial theologians . . . The decisive fifth vote [in Christian Legal Society v Martinez] was cast (as it so often is) by Justice Kennedy, who declared, in his concurrence, ‘The era of the loyalty oath is behind us’ . . . Justice Kennedy injected himself into the very DNA of a private religious organization and declared that the ‘era’ of its statement of faith was over . . . In yesterday’s Proposition 8 ruling, Judge Walker made his own bold theological statement: ‘Religious beliefs that gay and lesbian relationships are sinful or inferior heterosexual relationships harm gays and lesbians.’ Such a statement presumes, of course, the falsity of such beliefs — a presumption that no federal judge is entitled to make.”