So When is a Minority a Minority

Antonin ScaliaSo when is a minority a minority?

“It’s not up to the courts to invent new minorities that get special protections,” Supreme Court Justice Antonin Scalia recently told the Federalist Society. He was defending his decisions on DOMA and California Prop 8, implying gay people are a “minority” under the law. Scalia often makes these anti-”minority” decsions. Replace the word gay with almost any group smaller than the white male, and sometimes when it suits him, female population and he is exhaustingly predictable.

Scalia often lives in a topsy-turvy world where his own words oddly prove him wrong and this is one of those times.

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Voting Out the Constitution

Do Unto Others

DO UNTO OTHERS - If the anti-gay zealots don't like the Constitution perhaps they should read the Bible.

People usually remember the 1960s as a time of great strife over civil rights. If you were alive back in the day, the images of police dogs ripping into lines of civil rights marchers or white-sheeted thugs dancing around a burning cross is still a chilling thing and proof that America was indeed going through wrenching social change.

Many would also like to believe that the country has made great strides in the interim, and we have. But, there’s more to accomplish and the nation now finds itself spending much of its energy on fighting to simply hold onto the advances already made. Civil rights advancement is now threatened by organizations and morally dishonest politicians bent on carrying us back to 1864.

Yesterday’s decision to strike down California’s Prop 8 anti-gay marriage law was sound. The judge did an impressive job of listing all the factual and legal reasons – 80 in all – showing that the law is unconstitutional. An improvement to celebrate, but also an event that highlights anti-civil rights crudaders’ thinking.

Tim Wildmon of the sarcastically named American Family Association reacted with shocking vitriol, calling the court’s decision, “a tyrannical, abusive and utterly unconstitutional display of judicial arrogance.”

Wildmon Is Has a Queer Notion
Wildmon believes one of the principles at stake is ignoring the California voters, which he sees as unconstitutional. In doing so, Wildmon – who uses the 10th Amendment as a fig leaf himself – introduces the queer notion that the Constitution is up for a vote whenever you don’t like what it says.

Liza

LIZA WITH A 'Z' - What more need be said?

Similar to the rabble rousing for amending the 14th Amendment in the immigration battle, what Wildmon is proposing is that the Constitution – designed to be difficult to amend – should change to bend to the will of the latest ideological blowhard to come on the scene.

Mr. Wildmon, I ask you…if Californians voted to outlaw heterosexual marriage would you express the same fondness to the validity of their vote?

Wildmon also believes the “tyrannical and abusive”, Bush-the-Elder-appointed, judge should have recused himself from the case.

“It’s also extremely problematic that Judge Walker is a practicing homosexual himself, ” Wildmon said. “He should have recused himself from this case, because his judgment is clearly compromised by his own sexual proclivity.”

What I find “problematic” about Wildmon’s charge is that he is exhibiting his  own “proclivity” to act as a heterosexual, homophobic, quasi-religious leader. In other words – or more correctly Wildmon’s – “[Wildmon] should have recused himself from this case, because his judgment is clearly compromised by his own sexual [and religious] proclivity.”

I suspect the only judge Wildmon would find acceptable is an ordained Christian minister with a demonstrated track record of ignoring the Constitution in favor of a Christian Sharia-like theocracy – or a teabagger – whichever pinhead stepped forward first.

Americans are becoming increasingly unfamiliar with the basic tennents of the Constitution.They apparently believe that any hot head’s cause can simply be enacted by a simple vote. The Constitution is not the “McConstitution”. You can’t vote cheeseburgers off the menu because you don’t like them.

They believe that if there is a “war” on, the President, under no one’s authority other than his own, is permitted to suspend the Constitution’s guarantees against warrantless search or to hold prisoners indefinitely without charge.

Many Americans believe that the Constitution guarantees them freedom of religion, but also support depriving anyone other than Christians (they’re aren’t too hot on the Catholics either) of their similar freedom. Don’t like mosques too close to your shrine? Protest and file suit as Pat Robertson’s minions have done, but don’t be honest enough to mention that if it had been a Christian church you would’ve been praising the idea like it came from, well, God.

From Constitutional Ignorance, Instability Flows
From Constitutional ignorance, great instability flows. Unfortunately, those with such beliefs fail to see the unintended blow back from their muddled position.

Teabaggers and their similar-thinking ilk, like to wear tri-cornered hats and screech about keeping Big Gummint off their backs. If allowing someone to marry the person of their choosing is too much government involvement, then why isn’t government being on a gay person’s back equally bad?

Bush the Lesser did much to chip away at many civil rights during his reign and in areas like the conduct of our misbegotten wars and gay rights,  The Messiah™ continues walking the same swampy path.

One day, the blow back from their actions will come to haunt them and the people who cheered them. One day an administration will take office that isn’t so tolerant of their cavalier positions and decides to warrantlessly tap their phones, close their churches, or collect deep background on twerps like Wildmon.

And when they do, they’ll claim the same Constitutional protections because they changed the Constitution to allow it.

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