Prof. Amy Wax of the University of Pennsylvania Law School, criticized Judge Walker’s Prop 8 ruling in the New York Times:
What is striking about Judge Walker’s opinion is that he consistently minimizes the central distinction between gay and straight sex: homosexual unions are sterile by their nature. They cannot produce shared biological children. Only opposite sex couples can create a mutual biological child. People worldwide have long recognized this as momentously significant.
Judge Walker also failed to appreciate that every child has a mother and a father. By definition, when a gay couple decides to raise a child, that child will live apart from its biological mother, or father, or both. Lots of children now live apart from one or both parents -– but our society has always regarded this situation as tragic or regrettable, and as falling short of the ideal.