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News and commentary about the anti-gay lobbyApril 4th, 2009
Back in May 2008 I noted that the justices on the California Supreme Court who voted in favor of marriage equality were largely Republicans or appointed by Republican governors. Now Evan Wolfson (via Andrew Sullivan) notes that the authors of all pro-marriage judicial decisions have one thing in common:
Massachusetts (Goodridge, 2003) Margaret Marshall, appointed by Chief Justice Gov. Weld (R) in 1996, elevated to Chief by Gov. Cellucci (R);
in 1999 California (In re Marriage Cases, 2008) Ronald George, Chief Justice appointed by Gov. Wilson (R) in 1991, elevated to Chief by Gov. Wilson (R);
in 1996 Connecticut (Kerrigan, 2008) Richard Palmer, Associate Justice appointed by Gov. Weicker (Ind.); in 1993 — Note that Weicker was a Republican during his time in the House and Senate. He won the governorship as an independent.
And today, in Iowa (Varnum, 2009) Mark Cady, Associate Justice, appointed by Gov. Branstad (R) in 1998.
So the next time you hear some social conservative declaring that they have to get Republican governors elected so that they can stop the appointment of those liberal activist judges that are trying to destroy the family, just smile to yourself.
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Kristie
April 4th, 2009
Sadly, because the majority of those in the religious right identify as Republicans the entire GOP has gotten a bad rap, but there are still many on the party that are socially progressive. So, those of us that have more liberal(gasp!) social views will just have to make sure we are doing what we can to keep the entire party from becoming one big tent revival!
Appointing more judges like the ones who have decided these cases is one way to do that!
Emily K
April 4th, 2009
Randy Thomas has declared that Iowa is a casualty of “judicial activism” (in other words, Judges doing their jobs??)
But I’m sure he would have voted for IA’s republican governor had he lived there.
Dave
April 5th, 2009
I don’t get what the point of this post is, except perhaps to remind us that some same-sex marriage opponents are loopy enough to think a conspiracy to destroy the family is afoot.
Whether or not the court rulings in question are the result of proper jurisprudence, i.e. applying neutral rules to the original meaning of the state constitution, is not addressed.
As for Republican judges being judicial activists, anyone in his right mind who has paid attention to American legal history knows that Republicans are as capable of judicial activism as anyone else. As I have noted on this blog before, Roe v. Wade was written by a Republican justice.
Perhaps what Wolfson and Kincaid are driving at is that if people want restrained legal opinions from their state courts (in states where judges are appointed) they should elect governors noted for being conservative Republicans. I know nothing of Gov. Branstad of Iowa, but the other three Republicans were not known for being outstanding examples of conservatism.
Wilson of California was known as something of a centrist (often called a ‘moderate’ in modern parlance), while Weld and Weicker were liberal Republicans.
Dave
April 5th, 2009
The first two comments to this post clearly demonstrate the attitude taken by most BTB readers (and by their hosts) that what matters in a judicial ruling is the result, and not the reasoning.
Kirstie, in the very first comment, states her hope, as a Republican, for more rulings of this kind without any concern for the judiciary’s proper function as a legal institution. Her only concern is political: She wants “more judges like the ones who have decided these cases” appointed as a way “to keep the entire [GOP] from becoming one big tent revival.”
Emily K, in the second comment, mocks Randy Thomas for calling the Iowa ruling activist without providing any justification that the ruling was proper. She just dogmatically that for Thomas judicial activism = “Judges doing their jobs.”
The reason for Emily’s cavalier dismissal of Thomas’ (or anyone’s) concerns about the ruling is obviously that she likes the result. Similarly pro-abortion folks dismiss the obvious activism or Roe because they like its result.
Emily K
April 5th, 2009
Actually Dave, my Jewish religion teaches me that Judicial Activism = Judges doing their jobs. No really. It’s in the Torah, right after the verse that says “Abortion doesn’t equal murder. Also, all Jews must automatically register Democrat.”
O_o
If Prop. 8 is upheld by the court (and I have a feeling it will be) will that be “judicial activism?”
It will be “judges doing their jobs.”
Because all of the press in the gay blogs tells me that the judges are not taking this lightly and that they are looking at the law to make their decision rather than “legislating from the bench.”
It must be a scary thing to be able to read people’s minds. I don’t envy you. ;-P
Tommy
April 5th, 2009
Sorry Dave, but “Judaical Activism” is a propagandistic phrase for non-existent phenomenon, and all it truly means is, “Rulings I don’t like.”
Justice Cady already provided quite a justification of how it is proper, I fail to see how Emily K, you, or I could possibly top his.
Was the New York Court of Appeals ruling in Hernandez v. Robles judicial activism? What about the Cherokee Nation v. Georgia? Gonzalez v. Oregon? Hamdan v. Rumsfeld?
Every decision the courts make is as activistic as every other decision. Maintaining a status quo is as active a proposition as changing it. The entire point of the court system is to be activistic. Those who complain about judicial activism, are really complaining about what the framers of the Constitution intended—a judiciary able to serve as a counterweight to popular passions.
Frankly the entire notion of “Judaical Activism” needs to be shot in the head like the pathetic boogy man it is.
occono
April 6th, 2009
You know, Dave, if there were any rights or responsibilities attached to Marriage that were reserved for couples who can procreate, or after having procreated, or if a multitude of States were not allowing cousin Marriage ON CONDITION of sterility as they do, then I could debate Judicial Activism more, but as there isn’t, it is a case of stripping down a restriction based on Gender. “Tradition” is too relativistic to justify claims of activism, to me.
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