Propped Up

6 Aug

In his declaration that Prop 8 was unconstitutional, Judge Vaughn Walker had this to say: “Moral disapproval alone is an improper basis on which to deny rights to gay men and lesbians.  The evidence shows conclusively that Proposition 8 enacts, without reason, a private moral view that same-sex couples are inferior to opposite-sex couples.” I think Bill O’Reilly might be right about his Honor’s libertarian streak. I have a hard time believing many Californians who support the decision are dissatisfied with this section of the ruling. If they really believed that moral disapproval was insufficient grounds for curtailing rights, then wouldn’t that suggest that more Californians are really closet or pseudo-libertarians? At the very least, believing this is true should challenge assumptions about the legitimacy of power from those in office.

The conservative position on this is interesting: forget that the Constitution gives power to the courts to rule on the constitutionality of legislation, this judge has overturned the will of the people! Presumably, some of the “will of the people” has been restored with the ruling. Otherwise, people wouldn’t be celebrating. Perhaps the “will of the people,” much like the “rule of law,” is a myth.

I have a very simple theory about Obama’s confusing position: he’s a politician and he’s lying. I’m willing to bet that he actually does support gay marriage, but didn’t (or doesn’t) want to alienate supporters. Here is Jon Stewart’s take (sorry I couldn’t embed it).

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2 Responses to “Propped Up”

  1. Mike August 7, 2010 at 8:33 pm #

    What I like about this clip is the suggestion that Judge Walker should have recused himself to make way for an objective judge. You know. A straight one.

  2. Travis August 10, 2010 at 11:00 am #

    I disagree fundamentally with both sides of this debate. This move has nothing to do with gay marriage and instead cheapens the issue by using it in the continued battle between the state of california and the federal government. The fact of the matter is that it wasn’t a constitutional issue until very recently and really shouldn’t be. Gay marriage I doubt will make interstate commerce more efficient or win wars. What it will do, however is only increase this stupid anti-federal movement hidden as modern libertarianism. To top it off, with federal tax changes coming this year it is in the fed’s best interest to have more marriages for revenue purposes. What is definitely needed is for a more objective one, someone who calls ther issue like it is and doesn’t allow fox and nbc to rule his courtroom.

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