Thursday, December 8, 2011

The Prop 8 Brou-ha-ha And What It Means To Freedom

Along with the Secretary of State of the United States demanding equal rights for gays and lesbians around the world, the Prop 8 overturn by the U.S. District Court of Appeals will be the worst lump of coal ever received by the Christian Right this Christmas. All signs of the ruling in favor of the plaintiffs and in favor of Judge Walker's ruling that Prop 8 was (and is) unconstitutional have the Right in such a frenzy and muddle that they will only be able to shout "Supreme Court! Supreme Court!Supreme Court!" and, of course, "Activist Judges, Evil, Evil, Evil!!" 

The other side, unfortunately, will be shouting "Stupid! Stupid! Stupid!" while laughing all the way to marriage equality. Why "Stupid"? Simply because the arguments by Alliance Defense Fund were the lamest and most error-filled pieces of comedy a courtroom has ever seen.

The proponents administered their own coup de gras with the argument that Walker wasn't fit to hand down a judgment in the case because he was gay. This irked the Appeals Court judges to no end. NEVER attack the judge's decision based on the judge's ability to judge. NEVER. Any law student would tell you that. And NEVER attack the judge personally. NEVER. EVER. The proponents went into forbidden territory and by doing so, made almost every judge in the country very, very angry. Even Roy Moore would be shaking in rage at the effrontery! Can you imagine questioning Judge Judy's judgment on such a personal basis? OUT! 

Then there was one of their "experts" who, when asked the source of his research said, "I got it off the internet." No more, and certainly no less. No wonder they don't want the courtroom video to be shown! Embarrassing to the max. 


Possibly. The Christian Right - at the last portion that salivates over legislation ala Nigeria - will absolutely DEMAND U.S. Supreme Court ruling, but if the Court declines to take the case, the Appeals Court ruling will stand and a California State Constitution amendment would be the next step. The problem with that is that any initiative (another Proposition) would have to be mandated by the people - and people's attitudes towards same-sex marriage in California have changed significantly: over 53% of California voters now approve of same-sex marriage. Another ballot initiative would also be scrutinized to the max - people learn from their mistakes and also from other people's chicanery (e.g. few people could be bused in from Utah). 

Well, we'll see what the ruling looks like very soon. Don't be surprised to hear wailing and gnashing of teeth. (Rending garment is optional due to the economy)

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