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Archive for October 12th, 2008

4-3 Connecticut Court Finds Right to Gay Marriage in Constitution that Eluded Everyone Else for 200 years!

Posted by iusbvision on October 12, 2008

This is the silliest of the silly and this is why activist judges have to be kept off the bench. There has never been a right to heterosexual marriage so how can there be a right to gay marriage? If I have a right to marry than someone MUST marry me or my rights are violated. What is next, the right to have a boyfriend or girlfriend?

Trial Attorney Bill Dyer has the analysis from HughHewitt.com

Posted by: Bill Dyer

(Guest Post by Bill Dyer a/k/a Beldar)

In Kerrigan v. Commissioner of Public Health, over the protests of three members of the court (as expressed in three dissenting opinions), a four-member majority of the Connecticut Supreme Court has overturned as “unconstitutional” a statutory system whose long-standing components were passed by Connecticut’s lawmakers and signed into law by its governors over many years, and has instead decreed that henceforth in Connecticut, “same sex couples cannot be denied the freedom to marry.” Here’s the majority’s own summary of its reasoning:

We conclude that, in light of the history of pernicious discrimination faced by gay men and lesbians, and because the institution of marriage carries with it a status and significance that the newly created classification of civil unions does not embody, the segregation of heterosexual and homosexual couples into separate institutions constitutes a cognizable harm. We also conclude that (1) our state scheme discriminates on the basis of sexual orientation, (2) for the same reasons that classifications predicated on gender are considered quasi-suspect for purposes of the equal protection provisions of the United States constitution, sexual orientation constitutes a quasi-suspect classification for purposes of the equal protection provisions of the state constitution, and, therefore, our statutes discriminating against gay persons are subject to heightened or intermediate judicial scrutiny, and (3) the state has failed to provide sufficient justification for excluding same sex couples from the institution of marriage.

[How about this you pinhead judges, a marraige is a religious ceremony that has a contractual agreement with each other and the state. The legislative majority decides contract law by the consent of the people. Now four judges have decided that the people of Connecticut must enter that contract and issue a marraige license against their own will; not based on a characteristic, but based on the behavior of those demanding the license.  – IUSB Vision Editor]

Because the court relied upon its interpretation of the equal protection provision in the Connecticut state constitution rather than upon the comparable provision in the Fourteenth Amendment to the United States Constitution, there is effectively no chance that the U.S. Supreme Court will review today’s decision. That decision is now the law of Connecticut, subject only to being overturned by the Connecticut Supreme Court itself or by an amendment to the state constitution.

The judges who made up the majority in this ruling are precisely the kinds of judges whom Barack Obama and Joe Biden want to appoint the the federal bench. That’s why Obama and Biden voted against confirmation of both Chief Justice John Roberts and Justice Sam Alito. Instead, they want judges who will make law from the bench — and especially laws on the most controversial subjects (like gay marriage) that couldn’t possibly gather a majority vote in Congress and a presidential signature. It’s worse than meaningless, but rather a complete fraud, for Obama and Biden to tell voters that they oppose gay marriage when they will appoint judges who will bring about gay marriage by judicial decree.

This decision will alarm and dismay two partially overlapping groups of people: (a) those who believe that recognition of single-sex marriage will ultimately destroy the traditional institution of marriage and foster other bad effects in society, and (b) those who decry unrestrained judicial activism as a tyrannical seizure of political power by rogue judges in a manner that undercuts the legislative and executive branches of government, thereby rendering impotent the political decisions made by democratic majorities.

As a matter of constitutional law and basic principles of civil government, this is another well-intentioned but awful decision — one that may, ironically, end up frustrating rather than advancing the ultimate goal of its proponents. Using courts to cram this sort of policy down people’s throats — without majority support, and in fact in defiance of majority opinion — is a very bad plan.

Those who follow, or much care about, the constitutional law here will quickly note that the Connecticut Supreme Court has played fast and loose with its equal protection clause. In equal protection analysis, the outcome is almost always determined by the framework in which the courts choose to analyze a government classification. If the government is classifying people on the basis of race, for example, long-standing precedent from both federal and state courts typically use a “strict scrutiny” approach, under which the government must offer up a “compelling purpose” to support its decision to treat people differently from one another because of their respective races.

Classifications based on other distinctions, however, traditionally were treated as valid so long as they have a “rational basis” — a vastly easier standard to satisfy. The state discriminates, for example, against the sightless when it requires people who get drivers licenses to pass a vision test. But because sightedness — unlike, for example, race — is not a classification that has traditionally been subjected to “strict scrutiny” analysis under the constitutional precedents interpreting state or federal equal protection guarantees, the state merely need show a rational reason for treating the sightless differently. They meet that requirement by showing that people who can’t meet the vision requirements are more dangerous drivers. And as for whether someone with an uncorrected vision of 20/100 is or is not permitted to drive without corrective lenses, that sort of fine calibration of the state’s classification system the courts generally leave to a combination of state legislatures and state agencies, upholding their decisions unless they are so genuinely arbitrary as to have no correlation to reality.

Dyer is spot on correct, read the rest of his analysis HERE. Hotair.com comments HERE.

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HUMOR: Old Grumpy Guy Says “Give Obama a Chance!”

Posted by iusbvision on October 12, 2008

Hat tip to our friends at HILLBUZZ – the most popular Hillary supporting blog on the net.

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