Democrats & Liberals Archives

'Activist Judges' Running Amok!

I’m starting to think a personal hearing exam might just be in order, because I’ve not detected the expected outrage from the social Conservative Right after yet another example of ‘activist judges’ run amok. Maybe it is the fact that there are no Conservative radio stations among my car radio presets, or that I’ve not tuned in Fox News or Chris Matthews in a while. So, could somebody double check and get back to me?

Suspecting the news may have come in under your radar as well, the U.S. Supreme Court on Nov. 29 rejected an appeal of the Massachusetts Supreme Court decision legalizing Gay Marriage, declining to even hear the objection case. Although many states have and will pass Gay Marriage bans and the administration has expressed its desire to pursue an Amendment ban, this is probably the last appeal that will be brought against the Massachusetts decision.

I thought it important to point out the significance of this decision by the high court, in the face of the arrogance of leaders of the Evangelical Right and their plans to subvert the Constitution, with the expected help of the Republicans. My alternate theory on the conspicuous silence of the wing nuts on the Right, is their decision not to diss' the High Court that gave them their Conservative Prince, and thus not screwing up their grand vision of crafting a Scalia-Thomas majority.

Without fail, every Conservative railing against the Mass. Supreme Court ruling I've come across, have opted to side step the Majority opinion and the basis for their decision. So goes too, their assertion this is not a civil rights issue when you point out that the state Constitutional violation cited, mirrors that of the U.S. Constitutional violation cited in striking down the Interracial Marriage ban in 1967, by the U.S. Supreme Court.
The fact that their appeal was based on a rarely used claim that the Massachusetts' Court violated the U.S. Constitution guarantee of a Republican form of government (and therefore the sole body to enact laws) is very significant in and of itself. Their chances of getting heard before the high court would've improved greatly, had they instead made a credible argument in the realm of the Majority's decision - the 14th Amendment. Having ceded ground in the well-traveled precedent of the rights and equality of individuals bodes well for future legal fights over Gay Marriage.

Gay Marriage opponents would prefer to take this debate far away from the Constitution and centuries of judicial precedent. Arguing that such abominations are very much opposed by Americans in current opinion polling, they ignore the judgment of our wiser, previous generations whose views are embedded in those very laws we must continue to respect.

I am working on an entry detailing my gut feeling that there is a developing chasm within the Republican Party. It is a direct result of what will be the inevitable clash pitting a demanding and entitled Christian Right, against principled Conservative 'true believers' and GOP Moderates.

A reckoning that is long overdue.

Posted by Bert M. Caradine at December 5, 2004 1:03 AM