I have no idea whether Lincoln Mitchell is gay or straight – but he is clearly infected with Marriage Derangement Syndrome:
On Tuesday while the California Supreme Court handed down a decision that is the 21st century answer to Plessy v. Ferguson, President Obama announced the nomination of Second Circuit Supreme Court Appeals Judge Sonia Sotomayor for the US Supreme Court.
No, Strauss v. Horton would be analogous to Plessy v. Ferguson if, at some point after the ratification of the 14th Amendment and prior to 1896, there had been an amendment to the U.S. Constitution specifically removing race as a suspect classification. Strauss v. Horton was an examination of the validity of the process by which a specific amendment to the California Constitution got into said constitution after a ruling as to how same-sex marriage fit into said constitution’s general notion of equal protection.
While the decision by the California Supreme Court upheld a discriminatory ballot initiative,
Is that an acknowledgment that the Strauss-Plessy twain shant meet? Possible – but me suspects not.
it should not have been a surprise. The vote by the California Supreme Court was not even close as Proposition 8 was upheld by a 6-1 majority. The lone dissenter was Justice Carlos Moreno. Much of the coverage of the decision overlooked the important point that the vote was on, excuse the pun, straight party lines. All six judges who voted in the affirmative had been initially appointed by Republican governors. Moreno is the only Supreme Court justice in California appointed by a Democrat.
The reason for this decision had less to do with constitutionality and the merits of the arguments, but more with simple partisan politics. Since Jerry Brown left office in January 1983, California has had Republican governors for 22 out of 26 years. This more than anything else has influenced the makeup of the Supreme Court, and this decision, in California.
This week, California showed us the judicial past where courts dominated by conservatives, unrepresentative of the people for whom they are determining laws, restrict constitutional rights. Judge Sotomayor and President Obama showed us the future. The Republicans must be aware of this too, but their desperation to try to stop this progress is already showing.
I have no doubt that decades of Republican-appointed judges in California (particularly ones from the Deukmejian and Wilson years; my suspicion is that Ah-nuld’s judges might, as a whole, be a bit more even-handed) have tainted the state’s judicial system.
Lucy, please ‘splain that lil’ decision from that same Supreme Court from about a year ago in which three of those six Republicans joined the Democrat and voted to recognize same-sex marriage.
You can’t? Or you just don’t feel like being bothered by acknowledging it?
Now, I’m sure that Dale Carpeneter is sitting up in his office at the U of Minnesota laughing uncontrollably at what looks like me defending Republicans.
I’m not – even though I am (well, three of them anyway.)
More so, however, than what way any of the justices went in Strauss v. Horton or to which party any of them belong, I’m concerned with the contagion of Marriage Derangement Syndrome. That item from Mitchell is rife with most of its more obvious symptoms: logic leaps, a complete inability to understand history and, most of all, seemingly a belief that marriage is all that matters.