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The Pacific Justice Institute (meaning, justice for christians only) were rejected in their attempt to force Schwartzenegger and Brown to appeal the unconstitutional Proposition 8. Face it, haters. You cannot force people to live by your religion’s inside rules. Keep pushing it! You’ll lose. Snips from a Google news story (emphasis added):
The court did not explain why it rejected the emergency petition filed by the Pacific Justice Institute. The institute had argued that the attorney general and governor were required to uphold all laws, including initiatives passed by voters.
Get it through your thick skulls, christians: it’s been ruled unconstitutional — laws that deny legal, tax-paying citizens equal rights that are given to the rest of the citizenry, even when voted by a majority, are unconstitutional, no matter how much you think an imaginary god says otherwise. Throughout the history of this country, it has been demonstrated that the majority cannot vote out the rights of a minority. Most, if not all, of those times, it was Religion (Christianity) that was standing on the side of bigotry and discrimination, and on every one of those times, Religion loses.
Now, about that Prop 8 52% majority — most people know early on how they’ll vote on something; it’s the considerably small group of undecided voters that, especially in this case, were swayed by the lie-filled campaign ads designed to stir up fear. Without their lies and fear tactics, Proposition 8 would have been defeated by a similar margin.
The religious right knows this, and they know that the only way to get their way is to lie and scare people — that is the only way religion can survive and propagate itself — control through dissemination of false information and fear.
Prop 8 proponents are always belly-aching about the 7 million voters (who voted for an unconstitutional measure) being trampled by one judge. There’s never a mention about the 6.4 million voters who voted to uphold the Constitution.
A good article in the SF Gate taking apart the reich-wing’s baseless arguments about “judicial activism” and “judicial tyranny” and a lesson in how our system of government works. Of course, these arguments are coming from the same people who want to judicially tyrannize the rest of secular society into submitting to their religious superstitions and myths.
This is exactly how our constitutional democracy is supposed to work.
Don’t blame federal judges for doing their jobs. The concept of judicial review has been at the core of our checks-and-balances democracy since the landmark Marbury vs. Madison ruling in 1803.
“It’s the nature of our constitutional system,” said Erwin Chemerinsky, dean of the UC Irvine law school. “It doesn’t matter whether a law was passed by Congress, a state legislature, a city council or the voters – it has to comply with the U.S. Constitution.”
“This is by no means a renegade decision,” said Jesse Choper, a constitutional law professor at the UC Berkeley School of Law.
Nor is it the last word. The oft-echoed argument that “one judge” has somehow thwarted the will of the people is a “rhetorical flourish” that does not hold up to scrutiny, Chemerinsky said.
In our system of democracy, no ballot measure – even one that passed by a margin of 600,000 votes, as Prop. 8 did – should be inviolate from the reach of the judiciary.
“This is tyranny,” roared talk-radio blowhard Rush Limbaugh, suggesting the judiciary had been overtaken by “leftist nut jobs.” Limbaugh made a point of noting Walker’s sexual orientation – but not the fact that he was selected for the bench by Reagan and Bush.
Tyranny? I would be more worried about a democracy that did not protect fundamental rights from the “tyranny of the majority” that James Madison warned of in the Federalist Papers.
Thrashing about, their arms flailing, red-faced and spewing spittle (I’m not exaggerating by much!), the Prop 8 proponents come up with a 95-page mess of a document (and they wonder why they lost at trial?) to make an emergency motion for a stay pending appeal.
These fuckers are going to make the whole thing as messy as they can, which contradicts one of their claims for keeping the stay. They claim that if we just go ahead and allow these dirty fucking queers same-sex couples to start marrying, and then they win an appeal, there will be more way more than the 18,000 already-married couples and the legal mess will be a burden for the public [?!] – or, something like that.
Everything they’re arguing, they’ve already argued it — and poorly.
Read it here: Protect Marriage Appeal
UPDATE: Attorney General’s opposition to emergency motion for stay pending appeal
Tony Perkins FRC christian LIAR
David Boies, one of the attorneys in the Prop 8 case, puts the smack-down on Professional Christian Liar Tony Perkins of the Family “Research” Council. As usual, Perkins has his trademark smirk of absurdity on his face when Boies tells him that it’s easy to stir up fear and emotion, to “quote studies that don’t exist or don’t say what you say they do” (oooh, ouch! but it’s the truth, they lie through their teeth), that you can get away saying pretty much anything in campaign ads and literature, but once you enter the court of law under oath and cross-examination, you have to back up those opinions and claims, and because they’re all lies, they “melt away”, says Boies.
These asshole christianist leaders, like Perkins, are pathological liars who are going to keep pushing this issue and they are going to keep losing (hopefully) because religion is pure fucking bullshit that has zero evidence. None. Nor can they produce any evidence of “harm” by same-sex couples getting married. None.
Religion has been used throughout the history of this country to legally impose bias against “lesser” citizens and every time it’s challenged, it has demonstrated that the rights of minorities cannot be put to a public vote.
Go to Box Turtle Bulletin (same link as in first paragraph) for the videos of Boies v. Perkins on Face the Nation, and another video of Ted Olson on Fox News defending the “activist judge” accusations. Also, check out the good commentary on Good As You, where scumbag Tony Perkins’ history of evil deeds is nicely summed up.
Joe.My.God. describes Newt Gingrich accurately:
Newt Gingrich, who would like remind you that marriage is between one man and one woman whom you abandon riddled with cancer on her hospital bed while you fuck the shit out of your next wife whom you later cheat on while screaming with Godly moral outrage about the infidelities of the president.
Click the link to JMG to read the quote from Newt Gingrich. Fuck that goddamned lying dirtbag hypocritical fuck! — people who are screaming about their votes that passed Prop 8 still have exactly the same rights as they did before, during and now after Prop 8. And, they always forget that nearly 7 million people voted against it — it’s always about the little over 7 million who voted for it. The vote wasn’t that far off (52.24/47.76). Less than 600,ooo out of 13.4 million valid votes. There are some things that cannot be put up to a public vote and one of those things is basic civil rights. There’s plenty of legal precedent for this.
These people also need to get over the fact that the pro-8 side presented extremely weak arguments that were obviously based upon animus, religious bias and outright fabricated lies. I’ve not read the judge’s ruling, yet, but I hear it’s a zinger. Also, they need to get over the fact that the judge is a gay man, oh, and an appointee of Ronald Reagan. If he should have been recused from this case due to his sexual orientation, as many suggest, then too should a heterosexual judge have to recuse him/herself on the same grounds as well. Despite the claims of NOM and all of these dumb-fuck religious people, Judge Walker’s partiality is on the record. From the above NOM link:
Most excellent video by Rob Tisinai! I saw this link the other day, marked it, and just remembered to watch it. The people behind Prop 8 went to court with nothing to present. Nothing but a very weak, discreditable argument that was made of thinly veiled animus covering some out-right untruthful, religiously-biased bunk.
Rob Tisinai sends us another of his excellent videos, this one prompted in part by the Prop 8 trial lies of Hak-Shing William Tam, who infamously claimed that the ultimate goal is gay activists is to legalize sex with children. Read Rob’saccompanying post and watch this excellent deconstruction of the lies used against us.