Thursday, February 26, 2004

Nothing But Gay Marriage

GWB: Legal Genius
I still haven’t figured out whether Bush just doesn’t know how the legal system works or is purposely distorting his message to sway public opinion. There is a traditional way to challenge a law that you think is unconstitutional. You go to court (that’s that other branch of the government.) You see, gay people who want to marry and denied that right sue claiming the laws denying them the right to marry conflict with the Constitution. It is then the job of the courts to decide whether the law conflicts with the Constitution or not. This is what happened in Massachusetts. This is what has happened thousands of times in courts all over the country since Marbury v. Madison was decided in 1803. The judges are not being “activists,” they are simply doing their jobs. Any first year law student can grasp this concept. Obviously it eludes Bush.

“Unnamed San Franciscans” and the Campaign for California Families: Legal Geniuses
Another thing that is taught the first year in law school is that in order to bring a case you must be harmed in someway. You can’t just bring a case because you disagree with a law. To use the example above, you cannot sue to get rid of the gay marriage law unless you have been denied a license because you are gay. This concept hasn’t stopped “concerned citizens” from suing to keep the mayor of Frisco from issuing marriage licenses to gay couples. This brings up visions of the “unnamed San Franciscans” with their eyes literally burned from their sockets by the sight of a marriage license with two men's names on it. Also, note at the bottom of the story that the CCF is trying to get the judge recused. But not because he is gay. Of course not.

Alabamans: Uh, Never Mind
Alabama, on the other hand, always at the forefront of progress, is still debating whether an unconstitutional interracial marriage ban should be taken off the books. OK, I lied. This is an old news story. It happened way back in the previous century - you know, 1999.

-Lil' Antonin: Legal Genius