An incensed Bill O'Reilly tore into the federal court that declared California's Prop. 8 unconstitutional on his Tuesday show.
The 9th Circuit Court Of Appeals issued its ruling on Tuesday, saying that the 2008 law banning gay marriage in the state "serves no purpose, and has no effect, other than to lessen the status and human dignity of gays and lesbians in California," and was therefore in violation of the Constitution. This made O'Reilly quite the unhappy camper.
Speaking to analysts Lis Wiehl and Kimberly Guilfoyle, O'Reilly scoffed at the notion that judges could have any say in deciding such matters.
"Basically just two judges said, 'you know what?' We don't really care about yooouu!" O'Reilly said, dragging out the last word sarcastically. "What you want really doesn't matter, because we say this is unconstitutional to deny gays the right to marry."
Wiehl said that this was indeed what happened, but that the judges were well within their rights to make such decisions.
"These two judges could find no legitimate reason that people shouldn't be allowed [to marry]," she said. "Do you think they looked for a legitimate reason?" O'Reilly interrupted. "Because I don't!" He said that voters clearly wanted to send the message that "society is stronger" without same-sex marriage.
"Isn't this judicial activism?" he asked. Guilfoyle, surprisingly (since she was married to then-San Francisco mayor Gavin Newsom when the city unilaterally began issuing same-sex marriage licenses in 2004), agreed with him, saying the decision was "stripping the will of the people of the state of California."
O'Reilly and Wiehl then got into a shouting match after Wiehl said that the right to marry was one regulated by the states and not written into the Constitution. O'Reilly said that, if this was the case, then courts should have no place in deciding the constitutionality of any marriage law. Wiehl said that courts had to decide whether rights that had been "bestowed" could be constitutionally taken away. This really got O'Reilly mad, and he slammed his hand on the table.
"You can't do that," he said. "That's tyranny!"
Watch (via Mediaite):
A history of Prop 8.
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Jan. 3, 2000
California begins registering domestic partners, allowing same-sex couples: hospital visitation rights and health insurance coverage for the dependents of government employees covered by CalPERS, the state retirement system.
March 7, 2000
Proposition 22, a ballot measure which declares that marriage should remain between opposite sex couples, is approved by 61 percent of California voters.
Sept. 19, 2003
California Governor Gray Davis signs a bill that gives state-registered domestic partners additional rights that, although stop short of recognizing gay marriage, allow surviving partners the right to collect government benefits from his or her partner and obtain custody is a partnership is ultimately dissolved.
Feb. 12, 2004
Dozens of same-sex couples are married when San Francisco Mayor Gavin Newsom instructs city officials to issue marriage licenses. The excitement is short-lived, however, and on March 11, the California Supreme Court orders the city to stop marrying gay couples after nearly 4,000 have received licenses.
Aug. 12, 2004
California's Supreme Court rules that Newsom overstepped his authority by allowing San Francisco to issue marriage licenses to same-sex couples, and the court also declares the nearly 4,000 couples "void from their inception and a legal nullity."
Dec. 21, 2004
A San Francisco judge hears arguments on same-sex marriages, which argue that the current law defining marriage as being "between a man and a woman" violates the state Constitution by denying gay couples the "fundamental right" to marry a person of their choice.
Sept. 29, 2005
Gov. Arnold Schwarzenegger vetoes a same-sex marriage bill after it passed the Senate and Assembly, arguing that it would wrongly reverse Proposition 22, which declares that marriage is only between a man and a woman.
Sept. 19, 2007
San Diego Mayor Jerry Sanders reverses his public opposition to same-sex marriage, saying he cannot tell his daughter Lisa, who is a lesbian, that her relationship with a partner is not as important as that of a straight couple.
Oct. 12, 2007
Schwarzenegger vetoes a bill approved by state lawmakers that would legalize gay marriage, saying the courts need to rule on the legality of Proposition 22, the gay marriage ban passed by voters.
May 15, 2008
The California Supreme Court rules that the state Constitution protects a fundamental "right to marry" that should also extend to same-sex couples, and that existing bans are unconstitutional.
June 2, 2008
The California Marriage Protection Act is submitted with over one million signatures. It appears as Proposition 8 on the November ballot.
Nov. 8, 2008
Despite an onslaught of opposition from LGBT activists and allies, Proposition 8 passes with 52 percent of the vote.
Aug. 4, 2010
U.S. District Court Judge Vaughn Walker declares,"Proposition 8 fails to advance any rational basis in singling out gay men and lesbians for denial of a marriage license. Indeed, the evidence shows Proposition 8 does nothing more than enshrine in the California Constitution the notion that opposite sex couples are superior to same sex couples. Because California has no interest in discriminating against gay men and lesbians, and because Proposition 8 prevents California from fulfilling its constitutional obligation to provide marriages on an equal basis, the Court concludes that Proposition 8 is unconstitutional."
The Huffington Post Jack Mirkinson First Posted: 02/ 8/2012 9:05 am Updated: 02/13/2012 12:39 pm