Showing posts with label judicial tyranny. Show all posts
Showing posts with label judicial tyranny. Show all posts

Thursday, June 25, 2015

Supreme Court Majority: The Rule Of The Anus

Three decisions ruined liberty today. The Rule Of Law is being destroyed and the Rule Of The Anus is rising to replace it, and not just because of “teh ghey” issue forced upon us all by judicial 14th amendment fabrication fiat either.

No, gays were not freed African Americans!

If you REALLY believe in same sex marriage and aren't just using it as a tool to bully Christian bakers and Silicon Valley executives who don't, then go fight for it state-by-state, as women's suffrage was done, back when people still believed in a Constitutional Amendment process.

And then, in a second Court decision, statistical variations can be used to "prove" racial discrimination now in housing, regardless of who actually purchased a home in a neighborhood or had the ability to do so.

I know, I know, income to debt ratios and credit history are "white privilege" or inherently racist, so let's just get that out of the way.... :-P

The ultimate coup de grace for liberty came with the Obamacare ruling, where regardless of how the law was explicitly written about subsidies for state or federal exchanges, somehow there was magical "intent", to write it differently.

Scalia’s dissent: “We lack the prerogative to repair laws that do not work out in practice, just as the people lack the ability to throw us out of office if they dislike the solutions we concoct.”

That is a DISSENT. 

In a sane world that would be the 9 – zip decision.

But that’s the thing isn’t it?

The Rule of Law is dead.

Under this ruling, you could literally shit on a piece of paper, have it passed by Congress and signed by the President–then interpret it to mean whatever you want–because intentions!!! So never mind "Teh Gheys", this decision is the ultimate Rule Of The Anus.

The Blackmailed (I firmly believe this) John Roberts and Obama have broken the United States of America. The Humpty Dumpty Principle is now operative. Under the socialist Obama:
--The USA is bankrupt.
--We are no longer a world leader.
--Our middle class is dwindling.
--The destruction of the family is nearly complete.
--Nearly fifty million Americans are on food stamps.
--Almost 100 million Americans are out of the work force, hence "lower unemployment figures" (which count people actively seeking work).
--And there is no functional opposition to any of this.

But, Confederate battle flag! And statues !!

And the Leftist Smear Machine gets cranking up.

Some years ago, Julian Bond, living on the fumes of his Civil Rights cred, ranted that “Tea Party Members long for the Confederacy”.

Meanwhile, Julian Bond longs for the Soviet Union.

Once I believed that with enough Real Republicans to overwhelm the RINOs, we could actually make a difference.

But now I believe that the Left Media Smear Machine is too strong. And where that doesn’t silence opposition, the Left Blackmail Machine does. How else to explain Justice Roberts and former Speaker Hastert?

Meanwhile, too many people are tuned out on twerking or drugs or sports or The Bachelor(ette) or who knows what.

And perhaps they are correct to be, as we can no longer win.

I think it’s time to admit that the tide has turned against liberty and responsibility and the rule of law.

Obama and his ilk won for a reason.

Same sex marriage is being accepted for a reason.

“Politically Correct” mau-mauing is being accepted for a reason.

Our economy is in the shitter for a reason.

The GOP can’t effectively respond for a reason.

The media can lie and obfuscate for a reason.

And so forth.

The reason, sadly, is that the "low information voter" sheeple majority in the country believes those actions or situations are okay.

We’re on the minority side, and probably will be from now until “they run out of other people’s money”, and the cumulative effects of these uninformed and ill conceived ideas overwhelm the country. And perhaps even beyond that point, as some Commiecrat decides he can nationalize everything like Allende in Chile, or Hugo Chavez in Venezuela. The importing of millions of illegal aliens from the banana republics may be no accident.

Perhaps another Reagan or an American Thatcher can arise and try to turn the tide, but we would need a planned succession of at least 4 terms of their minions–and solid Tea Party Congresses in place concurrently.

Perhaps another Tailgunner Joe McCarthy can arise to counter-demonize and neutralize the “Politically Correct” mau-mauing, but he would probably be driven to drinking himself to death, just like the original Tailgunner Joe was.

Perhaps The Obamunist and his successors will try to overreach like Allende did down in Chile, but will the only response be to get a Pinochet of our own to have a dictatorship and rule over the nation of socialist dupes for 16 years until the mess is straightened out and the dupes grow up, die off, or wise up, depending upon their ages? That certainly wasn’t libertarian.

Well, just some happy thoughts for the day….. 

Sunday, March 31, 2013

On the "Gay Marriage" court battles

I honestly don't see how redefining a word which has held the same meaning since the beginning of recorded history is a 'civil right', bogus semantic examples to claim otherwise notwithstanding.

Nor do I see why redefining the word is necessary in light of the other legal vehicles available to same sex couples. There are civil unions, domestic partnerships, or they could even come up with a new word that sounds cooler and doesn't create controversy by hijacking an institution that is considered ancient and sacred by many in our society. 

If anyone is showing "bigotry" here, it is those with the dogma that same-sex relationships deserve the *exact* same status as a marriage, whatever status they may merit, and I do understand that they deserve a legal status and legal protection, which the state of  California has already well established with its domestic partnership laws.

Marriage has been the primary building block of human society for thousands of years, and is closely tied to human reproduction. Same sex relationships, however loving they may be, are fundamentally different in that respect, and parents who simply want their children to grow up and produce grandchildren don't view same sex relationships as the equivalent of marriage, nor, frankly, does mother nature. 

Parents who don't want the "gay rights" crowd circumventing what they teach their children about sexuality at home don't view it as equivalent, nor do parents who raise their children in a religious manner. 

If the goal is to achieve legal status for same-sex couples, this could have already been done if we weren't just fighting over ownership of a word. 

If the goal is to rub the gay lifestyle in the faces of people who don't agree with it, and in the faces of the religious community from which the concept of "marriage" flows, then this fight will probably continue for quite some time.
 

And let's just get something out of the way right now. I support the traditional definition of marriage, but it has nothing to do with hatred for anyone, contrary to leftist Commiecrat propaganda. This is a free country, and people should be able to live however they choose, up to the point that it infringes on others. 
 
I only oppose the agenda of the gay rights political lobby when they begin to trample on the rights of others, such as by forcing people to publicly agree with lifestyles they privately disagree with, circumventing what parents teach their children about sexuality at home with "gay" curriculum in public schools, or hijacking an ancient, sacred institution such as marriage in an effort to force society at large to their viewpoint.
 
But even if you DO think homosexual relationships deserve the *exact* same legal status as a marriage, then such matters are to be hashed out in the legislatures, not imposed by tyrants in black robes.

The Constitution is utterly silent on this matter. There is NO reference to sexual orientation whatsoever in the Constitution. Not even so much as "I'm a little bi-curious..."

However, the Tenth Amendment tells us that the powers not delegated to the United States federal government by the Constitution, nor prohibited to it by the States, are reserved to the States respectively, or to the people. That means this needs to be hashed out in the legislatures, not subject to Roe-style hijacking. But such is the smug arrogance by the Commiecrat Left: 
Notice that the “inevitability” argument for gay marriage is coming from Beltway elites who want judges to decide the issue. Why are they waiting at the back doors of court houses so anxiously if public support for it is so strong? Why do they try and shut down debate so quickly by branding their opponents the moral equivalent of racists if their case is so manifestly clear? 
The bullying belies their confident pronouncements. Were the people on their side, they wouldn’t need to doctor “social science”to justify their propaganda. They wouldn’t need to use judicial activists to undo democratic results. They wouldn’t need to ignore the written Constitution in favor of a “living” one. 
At Tuesday’s Supreme Court hearing, Justice Samuel Alito, trying to calm the elite herd down, noted that cell phones have been around longer than gay marriage laws. Justice Scalia asked Ted Olson, the lawyer who seeks to overturn Proposition 8, when gay marriage crept into the Constitution as a right: “We don’t prescribe law for the future. We decide what the law is. I’m curious, when did it become unconstitutional to exclude homosexual couples from marriage? 1791? 1868? When the Fourteenth Amendment was adopted?” 
Olson couldn’t give a date, to which Scalia replied: “Well, how am I supposed to know how to decide a case, then, if you can’t give me a date when the Constitution changes?”
This exchange highlights what a sham these cases are, and explains why gay-marriage activists don’t want a prolonged debate but a Roe-style judicial coup.



 
 

Saturday, June 30, 2012

Justice Roberts' Decision: No Silver Linings

While the U.S. Supreme Court today found the individual mandate of the President’s health care plan unconstitutional under the commerce clause, and unconstitutional under the "necessary and proper" clause, the court has upheld the individual mandate and the rest of the health care law under Congress’ taxing power.

Some on the Right are deluding themselves, thinking that the restrictions of the commerce clause and the "necessary and proper" clause are silver linings to this very dark cloud. But they are not.
The outer limit on the Commerce Clause in Sebelius does not put any other federal law in jeopardy and is undermined by its ruling on the tax power (discussed below). The limits on congressional coercion in the case of Medicaid may apply only because the amount of federal funds at risk in that program's expansion—more than 20% of most state budgets—was so great. If Congress threatens to cut off 5%-10% to force states to obey future federal mandates, will the court strike that down too? Doubtful.

Worse still, Justice Roberts's opinion provides a constitutional road map for Leftist architects of the next great expansion of the welfare state. Congress may not be able to directly force us to buy electric cars, eat organic kale, or replace oil heaters with solar panels. But if it enforces the mandates with a financial penalty then suddenly, thanks to Justice Roberts's tortured reasoning in Sebelius, the mandate is transformed into a constitutional exercise of Congress's power to tax.
This is very disappointing. Ironically, both President Obama and Congressional Democrats told the American people that the individual mandate was *not* a tax. In September 2009, when George Stephanopoulos asked President Obama himself on ABC News whether the President rejects the notion that the individual mandate is a tax increase, the President responded: “I absolutely reject that notion.” So why would Justice Roberts try to save it?

Numerous lower court judges rejected the notion that the individual mandate was a tax. Chief Justice Roberts in his opinion today even admitted that, “[i]t is of course true that the Act describes [the individual mandate] as a 'penalty,' not a 'tax.'" In today’s dissenting opinion, Justices Scalia, Kennedy, Thomas and Alito stated that the language of the Affordable Care Act itself states verbatim that the individual mandate is a penalty.

“26 U. S. C. §5000A, entitled “Requirement to maintain mini­mum essential coverage.” It commands that every “applicable individual shall . . . ensure that the individual . . . is covered under minimum essential cover­age.” And the immediately fol­lowing provision states that, “[i]f . . . an applicable individual . . . fails to meet the requirement of subsection (a). . . there is hereby imposed . . . a penalty.“

Yet, the Supreme Court on a 5-4 decision ruled otherwise. The Court today has said that Congress effectively has unlimited authority to tax the American people. Above all, the Court has ratified a law that fundamentally alters the relationship between the federal government and the American people.

"If a Republican is elected president, he will have to be more careful than the last. When he asks nominees the usual question about justices they agree with, the better answer should once again be Scalia or Thomas or Alito, not Roberts."

Batten down the hatches. 20 Tax Hikes in Obamacare that are here now or soon to follow.

Thursday, February 09, 2012

Justice Ginsburg's Teachable Moment

It seems that Supreme Court Justice Ruth Bader Ginsburg isn't all that enamored of our Constitution. She recently visited Egypt as part of a State Department trip to offer legal advice to the fledgling democratic movement there (which will not survive rule either by the military or the Islamists, but that's another issue).

Her advice on whether to use the US Constitution as a model: Don't.

Apparently, the US Constitution is too parsimonious with "rights", so the JUSTICE OF THE UNITED STATES SUPREME COURT suggested following the Constitution of South Africa, or the European Union Declaration of Human Rights, or the Canadian Charter of Rights instead. Really?

The significant difference between our Constitution and those others is the fundamental limitations on government embodied in our Constitution. Apparently, that's not such a great idea to Justice Ginsburg. Ugh.

Moreover, any "right" to material goodies that requires coercion of others to get it for you is a farce. When you hear the Leftists screaming that "Education (or other such benefit) is a RIGHT, not a Privilege!", lock and load.

Making the simple argument that the state taxing us all in order to provide education to the poorest citizens at no or minimal cost to them may be a good deal for society is one thing, but demanding that such a benefit is a "right" is something altogether different.

However, it does reveal the mentality of those who believe the government has the unbridled power to do whatever it wants. It's not hard to see why so many liberal Demunists today take one look at the vast gatherings of decent, middle-class Americans known as tea parties and instantly think "fascists!" Never mind that fascists, properly understood, don't usually demand less government intervention.

What we have here is a fundamental conflict of visions, to borrow a phrase from Thomas Sowell. One side believes that people are born into their station in life and it is the government's job to make their miserable lives a little better. Indeed, it is the natural order of things for the government to provide jobs, health care, homes to the people. If you object to this concept of government, it must be because you want to "punish" the downtrodden and discriminated. You must be animated by racism, sexism, greed, "fascism!"

The other side says that our rights come from God or from Natural Law, not from government. That while the government has an obligation to promote the general welfare, it doesn't have a holy writ to design the nation as it sees fit. The Constitution is not a coupon insert in your local paper, brimming with all sorts of giveaways and two-for-one deals. The Constitution and the Bill of Rights delineate what the government cannot do, not what it can. What was so fantastic and revolutionary about that is that for the first time in history, a nation was founded on the proposition that the government should mind its own business. Believing that doesn't make you a fascist, it makes you a patriot.

But leave it to a weenie at Slate to try to cover for "Justice" Ginsburg:
If you want, here you go: Proof that a Supreme Court Justice believes looks to other countries for advice on an evolving Constitution! Of course, we've known this about Ginsburg for years, because she's said so repeatedly. It's proof that a SCOTUS justice wouldn't use the American Constitution as a model for a new country -- but, well, neither does anyone who advises new republics about this stuff.
‎"An evolving Constitution", my ass. That, like "living breathing document", is an excuse for judicial tyrants to read anything they want into the Constitution, and read anything they *don't* want out. Constitutions are amended, not evolving. If a rule of law is one length one day and another the next, it is no longer a rule of law.

Why on earth is a Justice of the *United States* Supreme Court 'looking to other countries for advice' on our Constitution? Before you say "English Common Law" - such law is specifically incorporated by statute in California (and, presumably all other) state laws and was explicitly understood as the basis for our own civil laws. Sorry, but "Justice" Ginsburg's comment demonstrates a deep disrespect for the Constitution that she has sworn to uphold. This is pretty outrageous.

However, it is, to borrow a term from the Leftist scum, a "teachable moment". The "Progressive" Left (Newest Left?) are uniquely infuriating in their contempt for Americana. Compared to Ruth Ginsburg, Earl Warren was a regular flag waver in terms of his attitudes toward America, Western Civilization, etc. The New Deal / Great Society Left may have been wrong, but they were still patriots. The Left now has a whole new attitude that is openly contemptuous of this nation, and we the people. I don't just call them "Demunists" or "Commiecrats" for rhetorical pizazz.

And Ground Zero for this new attitude was arguably right here in the NorCal area, although Bostonians might beg to differ. I used to laugh the leftists off as minor figures in the picture, who got all the attention in The Land Of Fruits And Nuts, but were not the actual movers and shakers. But then the Cold War ended, the actual defense / hardware workers and producers packed up and left the state, and the Leftists became the "Creative Class Elites" (Destructive Class would be more like it).

Many leaders of the modern Left have open hatred and contempt for the traditional American ideals that made our country great. Limited and humble government, overseeing a responsible, individualistic, and strong citizenry who really were at liberty to arrange their own affairs largely as they saw fit. Instead, the modern Left wishes for all-powerful government that rules a citizenry that is dependent upon their largess.

The Leftist Government and Media Elites ceaseless orgasming over Barack Obama makes much more sense in light of "Justice" Ginsburg's remarks. President Obama was raised in a foreign country, under a very foreign culture, and was exposed to the most leftist politics as a child. He is what we would have called in the 30s and 40s a "red diaper baby." It is clear to me that he certainly does not love America, and I doubt he even likes America just a little bit. He spent 20 years attending church with a pastor who explicitly hates America. He was close pals in Chicago with Bill Ayers and Bernadine Dohrn, actual, unrepentant, domestic terrorists who avowedly hate the American system and *killed people* to try to change it. His own wife proclaimed that the first time she was ever proud to be an American was when her husband was nominated to be President. One of his biggest campaign speeches during the last campaign was in Germany - to a largely foreign audience. He displays little or no overt patriotism (and, yeah, that matters a lot when we're talking about the President of the United States). He repeatedly bows to emperors and kings of foreign counties - an utterly unique and weak affectation among American Presidents. He clearly holds much of the American citizenry in total contempt, and thinks of us as "bitter clingers".

Wednesday, July 27, 2011

1977: Rose Bird, 2011: Goodwin Liu

And hot on the heels of of the Nightmare "DREAM" Act, Governor Moonbeam nominates a communist to the State Supreme Court. This guy was even rejected by the Democrat majority Senate as it now stands earlier this year. In May, Liu was prevented from joining the 9th Circuit Court of Appeals . Even White House chief of staff Rahm Emanuel questioned the wisdom of nominating him to the federal government's Ninth Circut. Yet now, California Democrat Governor Jerry Brown has nominated liberal Liu to replace retired California Supreme Court Associate Justice Carlos Ortega.

Of all the bad judges there, Ortega had the most enmity against the written California Constitution and its original intent (he was the only judge to vote to strike down Prop. 8 on marriage after it had passed). And Liu is even to the left of Ortega!

Sadly, there is a growing group of unpatriotic liars who raise their right hands and swear to support and defend the specific, written constitutions of California and of the United States, but they intend nothing of the sort. Goodwin Liu is one of these un-American deceivers because he refuses to abide by the plain reading and original construction of both the state and federal constitutions we've all agreed to live under. No, Goodwin Liu is a radical, liberal, communistic, political activist who would impose his own values on everyone else by legislating from the bench, a clear violation of his oath of office and of the specific words of our constitution. Even to the left of Carlos Moreno, Liu, if confirmed, would become the new Rose Bird of the California Supreme Court.

Mr. Liu holds a radical view of constitutional rights. For example, in his November 2008 Stanford Law Review article he supports a judicial role in establishing constitutional welfare rights-i.e., "affirmative rights," to education, shelter, subsistence, health care and the like, or to the money these things cost. This is the view of rights President Obama raised that caused a stir, and which even liberal Judge Sotomayor rejected when asked if she took such a view during her confirmation hearing.

In that same Stanford Law Review article, Mr. Liu wrote that judges should engage in "socially situated modes of reasoning that appeal ... to the culturally and historically contingent meanings of particular social goods in our own society" and to "determine, at the moment of decision, whether our collective values on a given issue have converged to a degree that they can be persuasively crystallized and credibly absorbed into legal doctrine."

To which most rational people would ask: Huh? Whiskey Tango Foxtrot?

In his work, "Keeping Faith with the Constitution", Mr. Liu's goal clearly is to create a judicially enforceable, constitutional right to welfare:

Indeed, it’s comical to see how Liu, in back-to-back paragraphs (p. 25), purports to distinguish his approach from that of “living Constitution” advocates. The “living Constitution” approach, you see, understands the Constitution as “grow[ing] and evolv[ing] over time as the conditions, needs, and values of our society change” and contends that “such evolution is inherent to the constitutional design because the Framers intended the document to serve as a general charter for a growing nation and a changing world.” That approach maintains that “constitutional interpretation must be informed by contemporary norms and circumstances, not simply by its original meaning.” In supposed sharp contrast, the “constitutional fidelity” approach maintains that the Constitution must be interpreted “in light of the conditions and challenges faced by succeeding generations.” Its words and principles must be interpreted “in ways that sustain their vitality over time.” Judges must ask “how those principles should be applied today in order to preserve their power and meaning in light of the concerns, conditions, and evolving norms of our society."
In a 2006 article entitled "Education, Equality, and National Citizenship", Liu suggests that the Constitution "assigns equal constitutional status to negative rights against government oppression and positive rights to government assistance on the ground that both are essential to liberty.

Mr. Liu has stated: “…it becomes pretty clear why ‘originalism’ or ‘strict construction’ don’t make a lot of sense… Many of the broad phrases – equal protection of the law, due process of law, unreasonable search and seizure, freedom of speech – all of these phrases are quite broad and indeterminate… The Framers deliberately chose these broad words so they would be adaptable over time. ” To put it mildly, this is ridiculous.

Mr. Liu recklessly attacked the nominations of Supreme Court nominees John Roberts and Samuel Alito. In the case of Roberts, he wrote, in an op-ed, that "[h]is legal career is studded with activities unfriendly to civil rights, abortion rights, and the environment." These unfounded charges were dismissed by judicial experts on both sides of the aisle and Roberts was confirmed with bi-partisan support.

Mr. Liu actually testified before the Senate Judiciary Committee against the confirmation of Alito. Liu testified that then-Judge Alito was "at the margin, not the mainstream," and that the America envisioned by his record on the bench "is not the America we know. Nor is it the America we aspire to be." Alito was also confirmed with bi-partisan support.

It has been noted that Mr. Liu doesn't meet the standards for federal judges outlined by the American Bar Association. These standards include "at least 12 years' experience in the practice of law" and "substantial courtroom and trial experience." Mr. Liu, who is only 39 years old, hasn't even been out of law school for 12 years and has no experience as a trial lawyer.

42 of California's 58 county district attorneys opposed Liu's nomination in a March 2010 letter to the Senate Judiciary Committee, saying they believe Liu is hostile to the death penalty.

Mr. Liu thinks racial quotas should continue indefinitely and in remarks before the American Constitution Society in August of 2003 advocates reviving "the idea of remedying societal discrimination as a justification for affirmative action."

Mr. Liu offered an amicus brief to the California Supreme Court in which he and others argued that the state's ban on same-sex marriage (approved twice by the voters of California) was unconstitutional.


Yet another turd in the punchbowl that was once California.

Wednesday, May 27, 2009

"Justice" Sotomayor: The Court Takes A Turn For The Worse


Quin Hillyer of the American Spetator Laments:
I never in my life thought I could possibly see a Supreme Court pick as bad as Sonia Sotomayor. Barack Obama is quite clearly trying to upend all the underpinnings of American society in order to create his own version of a Brave New World. Government takeovers of banks and car companies, firings of executives, politically based decisions on which individual car dealerships remain open, world tours apologizing for supposed American sins, mollycoddling our enemies while insulting our friends, broken promises about transparency combined with selective release of classifed documents to serve political purposes.... and so much more, and now.... THIS. He nominates the most radical possible choice for the Supreme Court, a woman whose speeches and writings are so obscenely racialist that no white male could possible get away with saying anything like those things and live, professionally, for even a single additional day. Obama's emphasis today, in introducing Sotomayor, on biography over all else was absolutely sickening. And despicable. To which all decent Americans ought to respond: No, it does NOT make a difference whether she grew up rich or poor, black or white or Hispanic, left-handed or right-handed, ill or healthy, Jew or gentile. All that matters is whether or not she will uphold her oath to serve the Constitution and laws as written, including the explicit and tacit restrictions therein on judicial authority. In America, judges are not supposed to be fonts of wisdom, not supposed to "feel" the right things and not supposed to be demigods purveying some sort of cosmic notion of fairness. Instead, they are supposed to apply the laws as provided to them by the political branches within these United States. Period. As Justice Potter wrote in a famous dissent {Griswold vs. Connecticut}, later echoed by Clarence Thomas, a judge's duty is not to decide whether or not a law is wise or fair or even whether it is "uncommonly silly." His duty is just to do what the law says, and let the political branches change it if its silliness or unfairness is manifest.
What does this nomination teach us?
1. Well, elections have consequences. Staying home and pouting that McCain sucked and not voting led to this. Then again, given that Sotomayor got her start as a George H.W. Bush appointee, and that Bush appointed a clown like David Souter to the Supreme Court, there are no guarantees of judicial patriots from RINOs. That is still better than judicial commies from the likes of Obama however.
2. "Empathy" and "Feelings" now trump the Rule Of Law.
3. Nicholas Stix notes that Sotomayor was schooled by the worst of politicized judges, Robert Morganthau.

Thursday, November 20, 2008

The Extortion of E-Harmony

Damn legal extortion scum....is that "hate speech"? Well, TOUGH, because this is just racketeering:

NEW YORK (CNN) -- Online dating site eHarmony will create a service for same-sex matching in a settlement of a 2005 complaint that the company's failure to offer such a service was discriminatory.

Under terms of the agreement with the New Jersey attorney general's office, eHarmony Inc. will start the service, called Compatible Partners, by March 31.

"With the launch of the Compatible Partners site, our policy is to welcome all single individuals who are genuinely seeking long-term relationships," said Antone Johnson, eHarmony vice president of legal affairs.

The company and its founder, Neil Clark Warren, admit no wrongdoing or liability.

"Even though we believed that the complaint resulted from an unfair characterization of our business, we ultimately decided it was best to settle this case with the attorney general, since litigation outcomes can be unpredictable," eHarmony attorney Theodore B. Olson said.
I understand this; it's hard to fight the coercive power of the State, but I wish they had fought this tooth-and-nail. This is nothing but extortion.

Under the settlement's terms, eHarmony will post photos of successful same-sex couple matches on the company's Web site and in promotional material. The company has also agreed to revise statements on its Web sites, handbooks and other publications to indicate that it does not discriminate on the basis of sexual orientation.
News flash! There are all kinds of dating services out there for gays, should we go sue THEM for not being more accomodating to heterosexuals?

Gee, how about letting some enterprising person set up an E-Harmony sort of service for homosexuals who seek long term commitments? Let that person or group corner that market. What is that called again? The free-enterprise system? Yes, that's right. How alien that concept increasingly is....

Some time ago, as I recall, some gay militants wanted to sue "Sandals" resorts, because their accomodations and activities were set up for for heterosexual couples. (Gee, I wonder why people who want to vacation alone didn't try to sue too?) As I recall, that was dropped because of "Olivia Travel" and some other travel agencies and resorts that catered to homosexuals wouldn't support it.

Good for them. Let Olivia Travel and the like run tours for lesbians, and the corresponding travel businesses run tours and resorts for gay men. Everybody wins!

The settlement also requires eHarmony to pay plaintiff Eric McKinley $5,000 and to pay the New Jersey Division on Civil Rights $50,000 to cover administrative expenses.

I hope Eric McKinley and his lawyers get mugged.
"I applaud the decision of eHarmony to settle this case and extend its matching services to those seeking same-sex relationships," said Frank Vespa-Papaleo, director of the New Jersey Division on Civil Rights.
Sure you do, you little petty tyrant. Use gays to push your power trip. God what a creep.

Thursday, October 09, 2008

Oh My YES on Proposition 8.

I am sure that Freedomfan will disagree on this, but Oh My YES on Proposition 8. Here's why: (1) Judicial tyranny and the usurpation of legislative powers, judges pronouncing as "final" issues that still need to be legislatively sorted out. (2) The dubious dogma behind "gay marriage". (3) There are disturbing societal consequences to redefining "marriage" and there is a compelling justification for "heterosexism", as the gay activists call it. (4) There is a rather sinister -- and totalitarian -- political agenda behind all this. Taking these one at a time:

(1) Judicial Tyranny (hat tip to Drew M. at AOSHQ)

Contrary to what the Left will claim (Waah! Hater!) I do not oppose some kind of legal code for same sex relationships. So if someone would say, "for homosexual relationships, we need to inventory aspects that marriage touches -- not testifying against registered sexual partner in court, innocent spouse provisions in tax code, survivors' benefits, joint tax filing, community property, domestic violence laws, child custodianship issues, intestate inheritance, hospital visits, etc., etc., etc.....and figure out what makes sense for government to be involved with, and figure out what the sensible arrangement should be, and figure out reasonable changes in the law to get to that point from where we're at" -- well, I might object on the details maybe, but I certainly could support such a legislative procedure.

In fact, the Legislature in California had already done this, with the Governor signing it into law.

However, four judicial tyrants in black robes, acting on the demand for some undefined notion of "equal protection", decided to butt into the legislative process.

PDF of decision is here.

I began reading, looking for quotes and key findings. But it was 172 pages long and took a while!

After noting the state's domestic partnership law is "virtually" the same as marriage, the court announces it's deciding the Big One. Examining the constitutionality of the current compromise regime under which...
"... the union of an opposite-sex couple is officially designated a “marriage” whereas the union of a same-sex couple is officially designated a “domestic partnership.” The question we must address is whether, under these circumstances, the failure to designate the official relationship of same-sex couples as marriage violates the California Constitution."
So this is for full marriage, including the designation "marriage."
"It also is important to understand at the outset that our task in this proceeding is not to decide whether we believe, as a matter of policy, that the officially recognized relationship of a same-sex couple should be designated a marriage rather than a domestic partnership (or some other term), but instead only to determine whether the difference in the official names of the relationships violates the California Constitution."
After mouthing this platitude about judicial restraint the four tyrants in black robes then proceed to "discover" an always-existing constitutional right to gay marriage. Having discounted their own policy impulses and announced they would be deciding the issue based solely on the state constitution as written, they immediately announce their new "enlightened" understanding of homosexuality changes previous constitutional law:
"Furthermore, in contrast to earlier times, our state now recognizes that an individual’s capacity to establish a loving and long-term committed relationship with another person and responsibly to care for and raise children does not depend upon the individual’s sexual orientation, and, more generally, that an individual’s sexual orientation — like a person’s race or gender — does not constitute a legitimate basis upon which to deny or withhold legal rights."
Whoa, now there's a leap. It's one thing to note that non-traditional child rearing arrangements happen, even frequently, it's quite another to boldly assert that raising children who are by definition fatherless (or in a few cases motherless) makes no difference to society and the State of California. And don't you know it, sexual orientation is treated as tantamount to race, dogma that is unfounded and frankly insulting to African Americans and other ethnics (more on dogma later).

Before this they make some pro forma claims, using italics to let you know this is somehow "constitutional law", that they've determined that marriage is a basic substantive right, which is just jargon for "we're going to overrule the legislature and the people acting through the initiative process, just because." That's really all it means. Categorizing something as a "fundamental" or "basic" "substantive" "right" is just a bit of judicial code for "We "progressive" tyrants get to decide and no one else does."

It is, in legal terms, an ipse dixit, an "it's this way because I say it is," and you can always tell when a court is resorting to ipse dixit because it stops citing the actual constitution and previous decisions and begins speaking of hitherto-unknown "fundamental rights." How did they become "fundamental rights"? Who knows?

The ipse dixits roll on. The right to establish a family becomes part of the living, breathing, sexy constitution, and with it comes the also newly discovered secondary right of that family to be treated with "equal dignity and respect."

In fairness, this is the "conclusions" part of the ruling, so a lack of citations is to be expected. However, of course, this being a new right and all, they won't have actual citations for any of these propositions later, either; that's part of what makes this new law, after all. There are no actual precedents!!!!
"We need not decide in this case whether the name “marriage” is invariably a core element of the state constitutional right to marry so that the state would violate a couple’s constitutional right even if — perhaps in order to emphasize and clarify that this civil institution is distinct from the religious institution of marriage — the state were to assign a name other than marriage as the official designation of the formal family relationship for all couples. Under the current statutes, the state has not revised the name of the official family relationship for all couples, but rather has drawn a distinction between the name for the official family relationship of opposite-sex couples (marriage) and that for same-sex couples (domestic partnership). One of the core elements of the right to establish an officially recognized family that is embodied in the California constitutional right to marry is a couple’s right to have their family relationship accorded dignity and respect equal to that accorded other officially recognized families, and assigning a different designation for the family relationship of same-sex couples while reserving the historic designation of “marriage” exclusively for opposite-sex couples poses at least a serious risk of denying the family relationship of same-sex couples such equal dignity and respect. We therefore conclude that although the provisions of the current domestic partnership legislation afford same-sex couples most of the substantive elements embodied in the constitutional right to marry, the current California statutes nonetheless must be viewed as potentially impinging upon a same-sex couple’s constitutional right to marry under the California Constitution."
Oh puhleeze.

Next follows the typically slippery (and ipse dixit) "analysis" under equal protection. It's all a game of categorization -- if a law restricts a right the court categorizes as "fundamental" and imposes this restriction on the basis a "suspect" (i.e., what we judicial tyrants call "bad and wrong") classification, the court imposes a compelling/necessary test on the law, that the law must serve a compelling state interest and must be necessary to serve that state interest.

Now, that may seem like a test that can be passed under the right circumstances, but actually, it's not. No law ever survives that test, ever. Once the court has, by declaration citing the authority only of itself, categorized the classification as "suspect" and the restricted "right" as "fundamental," it's all over.

Any court just has to claim those magic words apply and it's all over. No deference whatsoever is owed to the legislature (or, in this case, the actual people of the state writing the law through the initiative process). The moment the court decides, on its own authority, to categorize (suddenly) the right as fundamental and the restriction of it as suspect, they rewrite the law however their consciences may impel them.

This passage begs the question:
"Finally, retaining the designation of marriage exclusively for opposite sex couples and providing only a separate and distinct designation for same-sex couples may well have the effect of perpetuating a more general premise — now emphatically rejected by this state — that gay individuals and same-sex couples are in some respects “second-class citizens” who may, under the law, be treated differently from, and less favorably than, heterosexual individuals or opposite-sex couples."
This is of course pure rubbish, as "the state" did not in fact "reject" treating homosexuals differently as regards marriage law, but actually encoded this distinction into the law itself!!! Had "the state" wished to "reject" this distinction, it would have passed a different law specifically "rejecting" the distinction.

The court is speaking here, it seems, as a tyrant, "l'etat, c'est moi" (the state, it is I, I believe it goes).

California has the citizen's option to re-elect or reject judges for another term after they are appointed. Not only must we vote YES on Proposition 8 to stop this judicial tyranny, but also--the next time their terms come up, reject these four arrogant judges:
1. Ron George, nominated to the California Supreme Court in 1991
2. Kathryn Werdegar , nominated in 1994
3. Joyce Kennard, nominated in 1989
4. Carlos Moreno, nominated in 2001

As you can see, being nominated by a Republican Governor is no guarantee that judges will not become arrogant.

It is sickeningly hilarious / hilariously sickening how the "established precedent" of 35 years is the absolute last word on why we CANNOT overturn the abortion of legislative power (even those of us pro-choice can acknowledge that) that is Roe vs.. Wade, but 6000 years of history regarding the purpose and function of marriage??? Hell, that can be discarded at will.

"Precedent" only matters if it's a leftist commie liberal precedent, otherwise, "Stare Decisis? Whuzzat? Never heard of it!!!

"Perhaps the most revolting is the dogma that somehow marriage as is is "discriminatory" and discrimination is against the California Constitution. Wrong on both counts. Proposition 22 already made it clear what the people intended when the legislature passed the anti-discrimination laws (which pertained to employment, housing, etc., NOT marriage)

That's the sort of thing a judge ought to take into consideration when construing written language -- be it a contract, commercial paper, a statute, or a constitution, you always have to ask "what did the drafter likely intend?" The best datum to make that determination was the overwhelming passage of the proposition, and the Court ignored it.

Here, the Court not only ignored it, but fabricated their own reality to come up with their result. Now please don't take me for arguing that all legal questions turn on majority will -- they manifestly do not. James Madison wrote extensively against tyranny of the majority, as well as tyranny of the minority.

But the Cal. Supremes essentially had to claim that their constitution, which did not formerly mandate gay marriage, now does, and to so claim THAT, they had to pretend that society accepted that gay marriage is now a fundamental right. But that is simply a fraud. Empirically speaking, even in hard-core liberal California and Massachusetts, the only relevant datum shows that society has not demanded gay marriage -- that it has in fact done the opposite.

Contrast this with SCOTUS decisions prohibiting racial discrimination. When the Civil Rights Acts of 1957 and 1964 were legislatively passed, it proved that American society had in fact evolved to the point that freedom from racial discrimination was a fundamental right. The vast majority of Americans believed it, and they so manifested by through their political representatives.

When the gay marriage advocates can produce results like that, then judges can plausibly rule that gay marriage has become a fundamental right. But they can't just invent the facts.

(2) Dubious Dogma

A funny debunking of the dogmas behind gay marriage can be found here.

Tom McClintock, the last Honest Politician in this state, wrote this short but great letter on the subject:
The argument for "gay marriage" is founded on the premise that marriage is simply a profound statement of devotion made between individuals, and denying homosexual couples this option is therefore discriminatory. It is a classic case of a perfectly logical conclusion arising from a perfectly false premise.

Marriage is an institution through which we propagate our species and inculcate our young with the intrinsic social behaviors that human society requires.

A child does not ask to be brought into this world - it is summoned by the willful act of a man and a woman. By so doing, that man and woman acquire a profound responsibility to the child - and to each other in the raising of the child.

A body of law has grown up around this natural institution. A marriage is solemnized to legally establish the unique tapestry of duties and responsibilities inherent in raising a child. Spouses cannot capriciously walk away from their responsibility to the family they have created. Their resources and earnings are pooled to assure the mother has the support and security she will rely upon as she makes the sacrifices of motherhood. Inheritance is arranged so that the resources of the family pass immediately to the surviving spouse to carry on the responsibilities both have mutually entered.

Centuries of experience have shaped the legal status given to marriage. Not the least of this experience is that children acquire critical social understanding from both the mother and the father, and that such an environment offers by far the best chance of successful social and emotional maturation for the children. Other experience also enters into the law. Polygamy is forbidden because of the stresses it places on the stability of the home. Marriage involving unemancipated minors is forbidden, as is marriage between close relatives.

It is true that some marriages are childless by either fate or design. But that does not alter the fundamental institution or the desirability of a society establishing, maintaining and protecting it.
This traditional concept of marriage has been undermined to the point that a third of all children are today born out of wedlock. No-fault divorce laws have weakened the responsibility parents have to maintain a stable environment. Welfare laws have made fathers disposable by replacing their earnings with a more reliable check from the state. Out-of-wedlock births that were once the object of societal disapproval are now casually accepted.

And the societal damage is substantial. A wealth of sociological data warns that a child raised outside of a traditional marriage faces much greater obstacles in becoming a well-adjusted adult.

One aspect of the assault on marriage is the movement now afoot to blur the distinction between marriage and homosexual partnerships. And it's an important
distinction. A partnership exists when two or more individuals come together to associate with each other on mutually agreeable terms for a defined purpose. In partnerships the only responsibilities are to the other partners under terms
freely negotiated and agreed to by them. No third party is involuntarily summoned into it. A homosexual relationship is obviously in the nature of a partnership and not a marriage.

True, some homosexual couples seek to raise children. But such an arrangement does not alter the fact that it is a fundamentally different relationship than a marriage. Nor does it negate the child's right and need to draw fundamental and unique sociological guidance from both a mother and a father. No matter how loving and caring, a homosexual couple cannot offer that.

Abraham Lincoln once asked, "If you call a tail a leg, how many legs has a dog? The answer is four. Calling a tail a leg doesn't make it one."

Nor does calling a homosexual relationship a marriage.
But let me go on to my own thoughts:

There is a dogma that somehow sexual behavior is an immutable characteristic, like race. Sorry, I know a good many women who had a period of same-sex experimentation, but can no longer be considered "gay" or "lesbian", as they are now married or otherwise steady with the opposite sex. I know of no one who stopped being "black". Calling "gayness" akin to "blackness" is, frankly, lameness.

Indeed, the whole nature of the "GLBT" Movement drops the lie on that idea. "B" is for bisexual, and "T" is for transgendered, or more accurately, those who mutilate their gender. Or even those who dress up and try to appear as the other gender. And those activities have waxed and waned over different cultures throughout history.

What I mean by that is, no one knows what percentage of the outwardly heterosexual population is actually bisexual, and might sometimes act on the homosexual side of their desires if it were much more socially acceptable to do so. But while no one knows the exact percentage, I think that many people in both the "straight" and "gay" demographics have a definite inkling that there are substantially more bisexuals than anyone is quite comfortable admitting. And anxiety about that drives a lot of the controversy over other gay-rights issues; if there were really a stark dichotomy between hetero and homo, and it were unheard of for anyone to straddle the fence or "switch teams" (and tear apart someone's marriage and kids in the process) then a lot of the other controversies would be relatively easy to settle.

There is also an undeniable trend to make bisexuality, among females anyway, chic. They even have Top Ten pop songs about it now. Young straight women making out with each other at parties was not happening at *any* of the parties I attended as a collegian 20 years ago. Now, it's become so ubiquitous in the culture that in a good many campus and twenty and THIRTYsomething parties you can't swing your arm out without knocking over two faux-lesbians kissing to the delight of their fellow party-goers. Now, is that because young women spontaneously decided to start making with each for no reason whatsoever, or has there been a culture shift in, for example, the entertainment media that gives young women the message that behaving like this is what they should do? I think you know the answer.

And if you do buy the "gayness is inherent" claim, then what about people who claim bisexuality? Are we to believe that they simply have to have sex with both men and women? If so, then I think we really are going to have legalize polygamy next. No compelling state interest in marriage between only one man and only one woman, means polygamy.

Now, I certainly wouldn't want to live in Saudi Arabia (home of the bin Ladens) or that wacked out FLDS neighborhood in New Mexico, or was it Utah. But that's exactly what's coming. Barack Obama himself was the product of a bigamous/polygamous "marriage" between a then 24 year old married man from Kenya and a then 17 year old girl (his mother).

The current gay response to the polygamy question is "oh come on" and condescension. Funny, that was the typical response to the demand for "gay marriage" 20 years ago.

I actually had a gay activist tell me that "Polygamy argues that the fundamental structure of marriage should be dissolved. Same sex marriage is an argument for inclusion in the institution as it already exists."

Absurd; that is just engaging in self-serving semantic games. The "fundamental structure" of marriage is and always has been in part defined by the fact that the people involved in one are of different genders. They're taking one requirement of the contract (the most important one by far, I would argue) and declaring it invalid simply because it's inconvenient to their personal belief system. You can't take the gender restrictions out of play and then pretend that the numerical ones are sacrosanct. Not convincingly, at least.

And this is where the hilarity and quite frankly disingenuousness of gay activists come in. They are willing to divorce marriage of a component, actually the key component...the one part that has never in the history of the institution changed, the sexes of the participants. And then they have the audacity to claim it's being changed unfairly to hurt gays? Can they say this with a straight (sorry, couldn't think of another expression) face?

"So just out of curiosity how do you explain homosexuality in the animal kingdom to your kids?" So said the same gay activists. Homosexual behavior happens (as does a sea lion trying to mate with a penguin), but it isn't the norm among creatures that require a male and female to reproduce, obviously. You'll also notice that most animals who engage in homosexual behavior will also mate with any animal of the opposite sex who comes along, as well as a tree stump or your leg. (It should be noted that rituals among animals that establish dominance or pecking order in a pack are not really sexual, and that some people interpret them as sexual says more about those people than about the animals!!!).

Some animals also kill and eat their young. I do not try to convince my children that this is normal, either. I do not use evidence of cannibalism in the animal kingdom to try to pass laws allowing cannibalism among humans. In fact, I bring up animal sexual behavior and animal cannibalism as rarely as possible.

Incest also occurs in the animal kingdom, along with chewing off another animal's leg (I've seen that twice in rodents). Indeed, animals will sometimes fight to the death or bite off each other's head (I'm thinking spiders here). Appealing to animals as role models for behavior is not something I often find it necessary to do. We ought to raise our children to be rise above animal impulses.

The nice thing about being human is that we can make choices. We can even make laws. We can say, "even if pedophilia FEELS right to me, maybe it's still wrong for me to act on that impulse." As thinking humans who are not controlled by our sexual impulses, we can also make choices about what constitutes a marriage, and in making that choice we can think about what's best for children. We can even go way, way out on a limb and decide that every marriage should include a potential mom and a potential dad, not two moms with no dad or two dads with no mom!!!

The definition of marriage has been the same throughout history, a union of a man and woman. Even the gay-friendly ancient Greeks didn't change that. A same sex union may be many things, but one thing it isn't nor ever will be is Marriage, no matter what any amount of Judges say. As I stated before, I could go with domestic partnerships, but calling those "marriage" is like calling a cat a dog because it, too, has four legs and a tail. It's still a cat.

Men don't have husbands and women don't have wives. Insisting otherwise doesn't make it normal or natural, and insisting on it does not make one "hateful" or "bigoted".

Reality on reality's terms, folks. Sorry.

(3) Societal Consequences and the need for "heterosexism".

The gay activists ask why this undermines marriage for the rest of us. The short answer is that undermines the purpose of state-sanctioned marriage: raising healthy kids. Out of wedlock births are already an epidemic in the US (and the reason for expanding, liberal government.)

Anything that waters down marriage isn't helping. To which I sometimes hear the rampant divorce argument. To which I can only reply, well, gee whiz, the institution is in enough trouble, so now you want to take it apart further???

One of our more annoying (and driving while intoxicated) politicians, Carole Migden, has her own way of taking it apart further.

Some might think that If two guys or two women (preferably not good looking, unless of course they are open to 3-ways, see bigamy and polygamy above--ha ha ha) want to legally bind their lives together, pay their taxes, own property, do some gardening etc. with or without children doesn't that benefit society? Sorry but no. We could acknowledge it with a domestic partnership or other sort of contract, and, sure, we could all wish them well. Happy for them. But how does that benefit society?

The state has a compelling state interest in the raising of healthy and happy children and this is best accomplished by marriage between a man and a woman. The government has been involved in marriage as long as I can remember in this country. When we made out of wedlock children to be the norm via no fault divorce law and welfare state regulations, we created millions of angry kids and the gang problem we have now.

(4) The sinister agenda -- totalitarian "politically correct" thought control

Once gay marriage is legally enshrined, won't it be illegal to give any favoritism whatsoever to heterosexual couples when assigning children to foster car or approving adoptions? Presumably, we won't even be allowed to consider the possible negative side effects because it won't be politically correct to do so. Brave new world.

Dennis Prager wrote a great column about all this:
Outside of the privacy of their homes, young girls will be discouraged from imagining one day marrying their prince charming -- to do so would be declared "heterosexist," morally equivalent to racist. Rather, they will be told to imagine a prince or a princess. Schoolbooks will not be allowed to describe marriage in male-female ways alone. Little girls will be asked by other girls and by teachers if they want one day to marry a man or a woman.
The sexual confusion that same-sex marriage will create among young people is not fully measurable. Suffice it to say that, contrary to the sexual know-nothings who believe that sexual orientation is fixed from birth and permanent, the fact is that sexual orientation is more of a continuum that ranges from exclusive heterosexuality to exclusive homosexuality. Much of humanity -- especially females -- can enjoy homosexual sex. It is up to society to channel polymorphous human sexuality into an exclusively heterosexual direction -- until now, accomplished through marriage. But that of course is "heterosexism," a bigoted preference for man-woman erotic love, and therefore to be extirpated from society.
Any advocacy of man-woman marriage alone will be regarded morally as hate speech, and shortly thereafter it will be deemed so in law. Companies that advertise engagement rings will have to show a man putting a ring on a man's finger -- if they show only women fingers, they will be boycotted just as a company having racist ads would be now.
Films that only show man-woman married couples will be regarded as antisocial and as morally irresponsible as films that show people smoking have become.

Traditional Jews and Christians -- i.e. those who believe in a divine scripture -- will be marginalized. Already Catholic groups in Massachusetts have abandoned adoption work since they will only allow a child to be adopted by a married couple as the Bible defines it -- a man and a woman.
Anyone who advocates marriage between a man and a woman will be morally regarded the same as racist. And soon it will be a hate crime.

Indeed -- and this is the ultimate goal of many of the same-sex marriage activists -- the terms "male" and "female," "man" and "woman" will gradually lose their significance. They already are. On the intellectual and cultural left, "male" and "female" are deemed social constructs that have little meaning. That is why same-sex marriage advocates argue that children have no need for both a mother and a father -- the sexes are interchangeable. Whatever a father can do a second mother can do. Whatever a mother can do, a second father can do. Genitalia are the only real differences between the sexes, and even they can be switched at will.

And what will happen after divorce -- which presumably will occur at the same rates as heterosexual divorce? A boy raised by two lesbian mothers who divorce and remarry will then have four mothers and no father.

We have entered something beyond Huxley's "Brave New World." All thanks to the hubris of four individuals. But such hubris never goes unanswered. Our children and their children will pay the price.

And this has already happened. Charities in Massachusetts shut down their decades long and very successful adoption services in MA after "Same Sex Marriage" was declared a "right" there. Why? Because MA state sued the charities for discrimination because they placed children with married hetero couples and didn't place with gay couples.

And this totalitarian push is happening with the teachers unions as well:

Here’s a pop quiz: Who’s donated the most money to an effort in California to defeat Proposition 8, an initiative on the November 4 ballot that would define marriage as between a man and a woman in the state?

A) Gay-advocacy organizations
B) Civil-rights groups
C) The California Teachers Association

If you guessed “C,” you understand the nature of modern liberal politics. And if you didn’t, perhaps you’re wondering what exactly gay marriage has to do with K-12 public education. The high school dropout rate is 1-in-4 in California and 1-in-3 in the Los Angeles public school system, odds that worsen considerably among black and Hispanic children. So you might think the CTA, the state’s largest teachers’ union, would have other priorities.

Yet last week the union donated $1 million to the “No on Proposition 8″ campaign. Of the roughly $3 million raised by opponents of the measure so far, $1.25 million has come from the teachers’ union. “What does this cause have to do with education?” said Randy Peart, a public school teacher in San Juan who was contacted by a local television station. “Why not put that money into classrooms, into making a better place for these kids?”

In fact, the CTA and its parent organization, the National Education Association, have used tens of millions of dollars in mandatory teachers’ dues to advance all manner of left-wing political causes. And members like Ms. Peart are right to ask questions. In some years barely a third of the NEA’s budget has gone toward improving the lot of teachers themselves.

In addition to vigorously fighting school choice and other reforms that benefit underprivileged children but threaten the public education monopoly, the NEA has directly (or via state affiliates) bankrolled Acorn, the Democratic Leadership Council, the Congressional Black Caucus Foundation and, naturally, the Human Rights Campaign, which lobbies for “lesbian, gay, bisexual and transgender equal rights.”

Public school teachers of America, take note. This is your dues money at work.
Jeff Goldstein snarks:

B-but — who can be against “equal rights”? And how dare the WSJ question educators who are using their money to fight hate!

Why, they must be RACISTHOMOPHOBES! BURN THEM!

– Or, and here’s another (racist, homophobic) way of looking at it: why would the CTA and NEA presume to “speak” — and make no mistake: this is in effect what they are doing by requiring mandatory dues, and then using those dues to fight political policy battles — for the entirety of their rank and file as if that rank and file was politically homogeneous?

And the answer is, quite simply, that part of the requirements for membership in the fraternity of teachers is an acquiescence to the ascendant totalitarian groupthink narrative as defined by the union “leadership”. In this sense, heretical teachers are much like gays or blacks or women who wander off the liberal plantation and express individual ideas at odds with the sanctioned positions of their representatives — with the added indignity that they must continue to pay for the privilege of being misrepresented.

And then there are the parents, who in many instances have little choice but to take advantage of the public school system. Which means more and more these days, sending your child off to a left-liberal indoctrination camp dedicated to the politicizing of anything and everything in the curriculum (with some schools even mandating that each field of inquiry dedicate a portion of its time examining its precepts through the smudged lens of race and gender — making for some interesting lessons, no doubt, on the systemic oppression of fruit flies by an institutionalized white patriarchal logic). The personal being the political, it makes sense that the child under the charge of those who believe such a cheap bumper sticker attempt at mass contextualization be primed for his or her necessary political consciousness raising.

What does gay marriage have to do with the California Teachers Association?

Everything, if the the CTA is run by the likes of Bill Ayers and dedicated to his communistic vision of "social justice". Joe Sixpack probably sees this differently, which just proves how racist, sexist, and homophobic he really is.
Therefore his vote does not count. Joe: just shutup and pay your goddamn taxes. The CTA may not be able to influence you, but they can program your kid so that he will be one with the hive mind.

Oh well.

Indeed, many gay totalitarian types use "Same Sex Marriage" as the issue to shut down anyone that dissents from their "Party Line". A public school teacher that says marriage should be one man/one woman? Disciplinary action! A marriage therapist that won't take gay couples? License revoked. A wedding photographer that won't take a "Same Sex Marriage" gig? Business license revoked.... all cases that have already happened.

All based upon a twisted interpretation of the "Equal Protection" clause of the 14th Amendment.

Which raises an important question: does this twist on the Fourteenth Amendment trump the First Amendment? Because I'm telling you in no uncertain terms that being forced to recognize homosexual marriage as akin to "holy wedlock" by the State is tantamount to the State meddling - deeply - in the "free exercise of religion".

I would go so far as pointing out that such meddling is an example of the State respecting an establishment of religion ...in outright contradiction to the First Amendment ...to wit, it is tantamount to forcing the practice of leftist dogma as a quasi organized religion.

Hell, this current election is ALL about devout Leftists embracing an (Oba)messianic figure ...it creeps me out.

More directly illustrative of the point ...let's say I'm a preacher of some church, and the State says that regardless of my church's stand on marriage and sin, only it can sanction and license "holy wedlock" and choose whether to allow me to join couples as such together ...do you now see that it may be no stretch at all to see the State requiring me to perform such ceremonies? Or lose my license to perform such?

Or - as I see someone has already noted - say that I'm running an orphanage and I am now required to place children into homes where homosexuality is openly practiced.

You see, the problem isn't simply granting gays due process rights under the 14th Amendment by allowing them to legally marry.

Marriage is by definition ...of a Western (at least, if not only) cultural tradition dating back thousands of years ...the "joining together" of those of the opposite sex in a consensual contract recognized by law (of the State? OR by the Church? Or by what exactly). And therein lies the heart of the problem.

The problem is that for the State to grant (especially through judicial fiat) gays a "right" to what in essence is inherently a religious ceremonial concept - a religious ceremony that the State has usurped - ends up coming smack up against the First Amendment. Because marriage is NOT simply a civil matter: it touches upon fundamentally held beliefs of Judeo-Christianity which are at the core of Western culture.

This is a hot potato. First, judges are jerks whenever they rush pell-mell into the culture wars like this. Second, there is simply no give in Christianity about homosexuality ...none whatsoever. Third, there IS a constitutional crisis at the heart of this ...and it's being forced upon cultural Christians by gays ...and you bet your ass that they have every right to be resentful about it.

Surprisingly, given all that, that there is a "fair" solution in our modern society that acceptably meets both the First and Fourteenth Amendments. And that gays would likely agree meets due process. And that wouldn't harm the practice of marriage and the sanctity of the vows of holy wedlock within the Christian community.

Namely: the State should get out of the marriage "business" entirely. It should license only civil unions under state laws. Gays can - then - quit feeling like they're being legally dissed even though under law civil unions ALREADY have the force of marriage ...and us moralistic folks can go back to rendering unto Caesar that which is Caesar's, and unto God that which is God's.

Heh. Make you a bet: it ain't gonna happen ...not in the good ol' USA. Even Democrat politicians are smart enough to recognize that the day they propose such a thing - let alone try and enact it - is the day they are tarred and feathered and ran out of town on a pole. Let alone try and win an election. Americans won't put up with it ...especially us bitter clingers.

And really, militant gays won't accept it either (I'd point out that they have obviously not accepted it) because they don't simply want equality under the law: they want to force acceptance of their sexual practices upon those who find them abhorent.

Which brings us to the impasse.

Saturday, May 24, 2008

Finally! A Survey of California Judges

Every election cycle Republican voters complain about the lack of information regarding judicial candidates appearing on their ballots. Recently, Republican voters were reminded of the power of Judges to make life altering decisions. The ruling of the California Supreme Court in the Gay Marriage cases further underscored the need for Republican voters to have information regarding who they are electing to these important and powerful positions. Judges appointed by RINO Republicans, not by Demunist Commiecrats, were to blame for that fiasco. In an attempt to provide Republican voters with the information they need, the California Republican Lawyers Association has prepared a statewide Republican voter guide on Judges.

Supreme Court and Court of Appeals Judges are initially appointed by the Governor, but subject to yes/no votes in subsequent gubernatorial elections. County Municipal and Superior Court Judges are elected, and these judges are all ostensibly non-partisan.

Thanks to the leadership of Steve Baric and the California Republican Lawyers Association, we have a first time guide to help us vote for judges. The next one, for the November election will be even better.

This is what we need: aggressive leadership from patriot non-RINO Republicans like Baric. I urge you to pass this along to your friends. Let them know there is a guide to voting for judges.

Tuesday, November 06, 2007

Clarence Thomas is angry? Damn right, he should be

This is from law professor Ann Althouse: “Unforgiven: Why is Clarence Thomas so angry?”

That’s the title of this Jeffrey Toobin piece in The New Yorker. I don’t think that’s a very accurate title and suspect his editor was hot to spread the Thomas-is-angry-meme. What concerns Toobin is Thomas’s attachment to conservative politics.

She goes on to quote Toobin’s concluding paragraph, (as she notes, not “about anger at all”) which says that “There is less to celebrate in the way that Thomas has used the opportunity to speak power to truth.”

This is switch on Anita Hill’s claim to have been “Speaking Truth To Power”–actually, of course, she was engaging in a series of malicious lies–on behalf of the majority party in the Senate at the time, which hardly seems to fit the Mahatma Gandhi/Rosa Parks image conjured up by those words.

And what Toobin calls speaking “power to truth” is no more than strict constitutionalism, and a belief that criminals, if guilty, should be punished.

But what Toobin is objecting to is who Thomas is believed to be mad at: Democratic Senators, and liberal journalists like Toobin. (And Anita Hill, of course.)

After what he went through in his confirmation hearings, and in the press since, I don’t blame Thomas for being mad at any of those people–but Toobin seems to think it’s wrong.

Well, boo hoo hoo, Jeffrey Toobin. And up yours.

Monday, July 02, 2007

Supreme Court: Never mind the Demunists, Here's the RINOs

A narrow victory was squeezed out of the Supreme Court today! Another nail in the coffin of Affirmative Racism and social engineering!

The Forces Of Good:
Alito
Kennedy (if barely)
Roberts
Scalia
Thomas

The Forces Of Evil:
Breyer
Ginsburg
Souter
Stevens

Note that Justice Kennedy is just barely hanging on here and is somewhat of a wuss:

Justice Kennedy agreed that the Court has jurisdiction to decide these cases and that respondents' student assignment plans are not narrowly tailored to achieve the compelling goal of diversity properly defined, but concluded that some parts of the plurality opinion imply an unyielding insistence that race cannot be a factor in instances when it may be taken into account.
One can only hope this leads to a reconsideration of the convoluted reasoning of Grutter v. Bollinger, where "diversity" was upheld to be a compelling state interest.

And in court decision after court decision, the trouble has more often than not come not from the Clinton Democrat appointees, but from the RINO Republican appointees (Souter, Stevens, to say nothing of the former Justice O'Connor, and Anthony Kennedy comes dangerously close)

Justice Thomas just kicks ass:

Lacking a cognizable interest in remediation, neither of these plans can survive strict scrutiny because neither plan serves a genuinely compelling state interest. The dissent avoids reaching that conclusion by unquestioningly accepting the assertions of selected social scientists while completely ignoring the fact that those assertions are the subject of fervent debate. Ultimately, the dissent's entire analysis is corrupted by the considerations that lead it initially to question whether strict scrutiny should apply at all. What emerges is a version of "strict scrutiny" that combines hollow assurances of harmlessness with reflexive acceptance of conventional wisdom. When it comes to government race-based decisionmaking, the Constitution demands more.
(...)
Most of the dissent's criticisms of today's result can be traced to its rejection of the color-blind Constitution. See post, at 29. The dissent attempts to marginalize the notion of a color-blind Constitution by consigning it to me and Members of today's plurality.19 See ibid.; see also post, at 61. But I am quite comfortable in the company I keep. My view of the Constitution is Justice Harlan's view in Plessy: "Our Constitution is color-blind, and neither knows nor tolerates classes among citizens." Plessy v. Ferguson, 163 U. S. 537, 559 (1896) (dissenting opinion). And my view was the rallying cry for the lawyers who litigated Brown. See, e.g., Brief for Appellants in Brown v. Board of Education, O. T. 1953, Nos. 1, 2, and 4 p. 65 ("That the Constitution is color blind is our dedicated belief"); Brief for Appellants in Brown v. Board of Education, O. T. 1952, No. 1, p. 5 ("The Fourteenth Amendment precludes a state from imposing distinctions or classifications based upon race and color alone");20 see also In Memoriam: Honorable Thurgood Marshall, Proceedings of the Bar and Officers of the Supreme Court of the United States, X (1993) (remarks of Judge Motley) ("Marshall had a 'Bible' to which he turned during his most depressed moments. The 'Bible' would be known in the legal community as the first Mr. Justice Harlan's dissent in Plessy v. Ferguson, 163 U. S. 537, 552 (1896). I do not know of any opinion which buoyed Marshall more in his pre-Brown days ...").

The dissent appears to pin its interpretation of the Equal Protection Clause to current societal practice and expectations, deference to local officials, likely practical consequences, and reliance on previous statements from this and other courts. Such a view was ascendant in this Court's jurisprudence for several decades. It first appeared in Plessy, where the Court asked whether a state law providing for segregated railway cars was "a reasonable regulation." 163 U. S., at 550. The Court deferred to local authorities in making its determination, noting that in inquiring into reasonableness "there must necessarily be a large discretion on the part of the legislature." Ibid. The Court likewise paid heed to societal practices, local expectations, and practical consequences by looking to "the established usages, customs and traditions of the people, and with a view to the promotion of their comfort, and the preservation of the public peace and good order." Ibid. Guided by these principles, the Court concluded: "[W]e cannot say that a law which authorizes or even requires the separation of the two races in public conveyances is unreasonable, or more obnoxious to the Fourteenth Amendment than the acts of Congress requiring separate schools for colored children in the District of Columbia." Id., at 550-551.

The segregationists in Brown embraced the arguments the Court endorsed in Plessy. Though Brown decisively rejected those arguments, today's dissent replicates them to a distressing extent. Thus, the dissent argues that "[e]ach plan embodies the results of local experience and community consultation." Post, at 47. Similarly, the segregationists made repeated appeals to societal practice and expectation. See, e.g., Brief for Appellees on Reargument in Briggs v. Elliott, O. T. 1953, No. 2, p. 76 ("[A] State has power to establish a school system which is capable of efficient administration, taking into account local problems and conditions").21 The dissent argues that "weight [must be given] to a local school board's knowledge, expertise, and concerns," post, at 48, and with equal vigor, the segregationists argued for deference to local authorities. See, e.g., Brief for Kansas on Reargument in Brown v. Board of Education, O. T. 1953, No. 1, p. 14 ("We advocate only a concept of constitutional law that permits determinations of state and local policy to be made on state and local levels. We defend only the validity of the statute that enables the Topeka Board of Education to determine its own course").22 The dissent argues that today's decision "threatens to substitute for present calm a disruptive round of race-related litigation," post, at 2, and claims that today's decision "risks serious harm to the law and for the Nation," post, at 65. The segregationists also relied upon the likely practical consequences of ending the state-imposed system of racial separation. See, e.g., Brief for Appellees on Reargument in Davis v. County School Board, O. T. 1953, No. 3, p. 37 ("Yet a holding that school segregation by race violates the Constitution will result in upheaval in all of those places not now subject to Federal judicial scrutiny. This Court has made many decisions of widespread effect; none would affect more people more directly in more fundamental interests and, in fact, cause more chaos in local government than a reversal of the decision in this case").23 And foreshadowing today's dissent, the segregationists most heavily relied upon judicial precedent. See, e.g., Brief for Appellees on Reargument in Briggs v. Elliott, O. T. 1953, No. 2, p. 59 ("[I]t would be difficult indeed to find a case so favored by precedent as is the case for South Carolina here").24

The similarities between the dissent's arguments and the segregationists' arguments do not stop there. Like the dissent, the segregationists repeatedly cautioned the Court to consider practicalities and not to embrace too theoretical a view of the Fourteenth Amendment.25 And just as the dissent argues that the need for these programs will lessen over time, the segregationists claimed that reliance on segregation was lessening and might eventually end.26
To which Justice Stevens replies with truly pathetic vaporing:

There is a cruel irony in The Chief Justice's reliance on our decision in Brown v. Board of Education, 349 U. S. 294 (1955). The first sentence in the concluding paragraph of his opinion states: "Before Brown, schoolchildren were told where they could and could not go to school based on the color of their skin." Ante, at 40. This sentence reminds me of Anatole France's observation: "[T]he majestic equality of the la[w], forbid[s] rich and poor alike to sleep under bridges, to beg in the streets, and to steal their bread."1 The Chief Justice fails to note that it was only black schoolchildren who were so ordered; indeed, the history books do not tell stories of white children struggling to attend black schools.2 In this and other ways, The Chief Justice rewrites the history of one of this Court's most important decisions. Compare ante, at 39 ("history will be heard"), with Brewer v. Quarterman, 550 U. S. ___, ___ (2007) (slip op., at 11) (Roberts, C. J., dissenting) ("It is a familiar adage that history is written by the victors").
Oh up yours. The schools in these cases were trying to assign students to places solely on the basis of race, not financial need or economic circumstance.

But it gets worse: Justice Stevens prattles on:

The Chief Justice rejects the conclusion that the racial classifications at issue here should be viewed differently than others, because they do not impose burdens on one race alone and do not stigmatize or exclude.3 The only justification for refusing to acknowledge the obvious importance of that difference is the citation of a few recent opinions--none of which even approached unanimity--grandly proclaiming that all racial classifications must be analyzed under "strict scrutiny." See, e.g., Adarand Constructors, Inc. v. Peńa, 515 U. S. 200, 227 (1995). Even today, two of our wisest federal judges have rejected such a wooden reading of the Equal Protection Clause in the context of school integration. See 426 F. 3d 1162, 1193-1196 (CA9 2005) (Kozinski, J., concurring); Comfort v. Lynn School Comm., 418 F. 3d 1, 27-29 (CA1 2005) (Boudin, C. J., concurring). The Court's misuse of the three-tiered approach to Equal Protection analysis merely reconfirms my own view that there is only one such Clause in the Constitution. See Craig v. Boren, 429 U. S. 190, 211 (1976) (concurring opinion).4
Which is precisely the problem. Justice Stevens still pushes the "living breathing document" crap vs. a true rule of law, which is like a yardstick. Dare I say it, a "wooden" yardstick!

Justice Stevens concludes with this monumental statement:

It is my firm conviction that no Member of the Court that I joined in 1975 would have agreed with today's decision.
Sorry, Justice Stevens, but "The Lone Ranger", were he still alive, would certainly have agreed with it.

Butg even if that is true with respect to the other justices besides Rhenquist, then perhaps it's time for Justice Stevens to just retire or die, then?