Here's a lulu from the Boston Globe. I love the title: Judge's Decision on Prop. 8 Tears at Throat of Democracy
It isn't just bad. It tears at the throat of democracy. Ow! Stop! You're tearing at my throat! And I'm wearing white! I have to give them props for the vivid language, as dumb as I think the sentiment is.
Let's just reprint the whole damn thing, shall we?
THE DECISION by chief US district judge Vaughn Walker, who is openly gay, to overturn the voter-approved Proposition 8, which defines marriage as between one man and one woman in California, slices at the jugular of true democracy. His 138-page ruling is nothing more than an exercise in rationalizing without thinking rationally.
Actually, it was one of the most rationally argued decisions I've ever heard, legally, morally culturally and logically. And hey, he's openly gay? (Well, he isn't exactly open, but that's another story.) Two problems with that. First, if he were not gay and he decided the other way, would we then be able to say "A straight man passed this judgment! How dare he!" Second, the "openly" part. Would it be better or worse if he were a closeted gay? I'm not sure. Tell me, please, dear rational letter writer.
Walker bases his conclusion primarily on his ability to divine the “discriminatory intent’’ of California voters when they cast their votes for Proposition 8, but leaves out the possibility of his own preconceived bias as a gay man.
No, he didn't base his conclusion primarily, secondarily or tertiarily on discriminatory intent, although that was certainly in the bill and in its mostly out-of-state pimpers. (Does people in Utah pushing a bill in California "tear at the throat" of democracy?) He based it on equality before the law. Read it. No, really, read the fucking thing. It's about equality and whether the state has a compelling interest in discriminating. And his "preconceived bias" as a gay man seems to pale in comparison to your own, which you are about to show us.
Walker’s ruling illustrates that he does not understand the essential public purpose of marriage, which is to attach mothers and fathers to their children and to one another. He replaces this public purpose with private purposes of adults’ feelings and desires.
Do I even need to respond to this? Really? The public purpose of marriage is as a legal contract between two parties. And this is where equal protection comes in. The private purpose is whatever the crap you or your preferred religious institution want it to be. My dad remarried well after he or his wife had any intention of having children. Not married, they? I have two other sets of friends my age that have no intention of reproducing. Not married, they? My uncle has been divorced twice and widowed twice. He just married Lucky Lady #5. Why? He doesn't want to be alone. Not married, he? He got married for an "adult feeling", perhaps even a "desire". You wanna tell him? And how about people who can't conceive? Not married, they? I feel stupid even writing this, it's so obvious.
It’s time to put a stop to judges who redefine our most fundamental social institutions and use liberal courts to obtain political goals they cannot obtain at the ballot box.
Okay, let's just quit now. Why have judges if they don't have the power to overturn laws? Really, what purpose do they serve if we cannot sue what we consider to be an unjust law? Why even argue the decision on its merits if the ballot box is supposed to be the end of the story?
Howzabout we pass a law saying no one past child-bearing age can get married? Okay? Or maybe no one who has had a letter published in the Boston Globe? Sound good? If we did, I'd support your right to sue to have that law overturned. Because the people don't always know what's best. And they rarely know what's constitutional.
