On the first day of Constitutional Law class in law school, the professor asked us to describe the qualities that an “activist judge” entailed. It’s safe to say, the Ninth Circuit re-demonstrated what judicial activism looks like.
For those of you that missed it, a three judge panel from, you guessed it, the most overruled circuit — the Ninth Circuit, overruled the will of the people of California and their Constitutional amendment limiting marriage to one man and one woman.
This is no surprise for a few reasons.
1.) Liberal activists care for the Constitution only insofar as it will carry them. In fact, the left has consistently pursued judicial law whenever they couldn’t achieve their objectives through the electorate. Whether it is replacing prayer in schools with an atheistic education, stealing the rights of the unborn or even gay marriage – the tactics have been the same. Use the courts to get what you want.
2.) This was always the plan. When the California Courts allowed some homosexual people to marry while the law prevented subsequent homosexual citizens to be entitled to the same rights, all citizens were no longer getting equal protection under the law as required by the Fourteenth Amendment. By allowing two sets of rules to govern the same set of people this was inevitable, it was by design.
3.) It hardly matters what the people of California believe anymore. Five years after Prop. 8, the culture has become more accepting of the homosexual lifestyle. There is a strong chance that Prop. 8 could be overturned by the people by the end of the decade. But, leftward activists have determined that the state-sanctioned benefits in California are no longer enough. They must also use the word marriage as well. Laughably, the same people who were calling for mandated Catholic-funded early-term abortions of young, unborn people yesterday are today fighting for the “civil rights” of gays. It is suspicious how the far left defines civil rights when it suits them.
So now the greatest nation on Earth will solve this dilemma. It will have a culture dialogue and the people of the United States will determine how to deal with this—WRONG.
Instead of working this out in a democratic fashion, we will wait in anxious anticipation for 18 months to see what one man, Justice Anthony Kennedy has to say. After millennium of western law on the subject, Mr. Kennedy, as the deciding Ninth vote on the Supreme Court of the United States, will settle this once and for all upon its appeal.
Here is the sad truth. Conservatives are losing the battle on gay marriage. Homosexuals are winning over the hearts and minds of the electorate. Had they simply continued on with this course, they would have decidedly won the argument. Instead, we are going to get some hodgepodge steaming pile of —- from SCOTUS that uses scrutiny levels to tell us whether James Madison intended our Constitution to allow gay people to marry. It will be hogwash and it will ensure that the American people are never able to work out a compromise on the subject. It will create more hostility in the country, not less.
It is this kind of absurdity that has led to mandated Rudolph’s in the nativity scene and impotent school prayers that may be constitutional depending on the prayor, the prayee, the time and the location.
Although Americans on the right almost unanimously never, ever discriminate against gay Americans and although gays are getting more and more benefits in states around the U.S. by winning over people to their cause, the far left has decided to mount on attack on our traditional values because it is a “civil rights issue.”
This is typical. Obama will have to choose sides before November. Rather than discussing unemployment, presidential candidates will now have to litigate the merits of gay marriage. And at the end of the day, it is out of the people’s hands in into the lawyers hands.
A few things need to happen.
In the short term, we need to fight this very hard. Not just for the cause of traditional values but to stand up for our Constitution which is being dismantled through thousands of volumes of case law.
The United States Constitution doesn’t say who can get married. Unless we pass a constitutional amendment or a federal law, the Ninth Circuit and SCOTUS need to mind its own business. Second, conservatives need to be continually evaluating how much credence and deference the executive and legislative branches are going to give to the judiciary.
The next time someone starts talking to you about the right-wing, remind them that we have been focused on the economy until this week. In five days, Planned Parenthood took down a breast cancer research facility, the Obama Administration mandated that Catholic employers violate their religious principles and demonstrated that their love affair with the famed wall of separation between church and state is more of a one-way mirror wherein the government can dictate to the church, as long as it furthers the goals of the Democratic party and now the Ninth Circuit has overruled the will of the people.
If mainstream democrats don’t want to be focused on the “divisive social issues” of the day, then they should re-claim their party from the fringe and demand that they be focused on the things that matter. Otherwise, the extremist element of your party will continue to define you to the rest of us and that is not a good long term strategy.