September 22nd, 2010
The anti-gay activist group, Family Research Council, has filed an amicus brief with the Ninth Circuit stating their arguments in opposition to Judge Walker’s finding that Proposition 8 is a violation of the US Constitution.
It boils down to this:
Properly framed, therefore, the issue before this Court is not whether there is a fundamental right to enter into a marriage with the person of one’s choice, but whether there is a right to enter into a same-sex marriage.
The court, they say, is focused on the wrong issue. It isn’t a matter of individual freedom that matters, it that the marriages are gay. GAY, I say!! Gay, gay, gay. That’s the important part.
They go on to state that there is no discrimination based on sex, because both sexes are banned from marrying Teh Ghey! (And besides, if sports teams can discriminate based on sex, why not marriages?)
And, of course, ever present was the presumption that gay people don’t exist and if they’d just shape up and live right then they could marry the opposite sex and they wouldn’t have this issue at all.
Proposition 8 does not discriminate on the basis of sexual orientation. Homosexuals may marry someone of the opposite sex, and heterosexuals may not marry someone of the same sex.
And then there was the laughable statement:
… nothing …even remotely supports the conclusion that Californians approved Proposition 8 with the intent or purpose to discriminate against homosexuals, as opposed to their knowledge that, if adopted, Proposition 8 would have a disparate impact on homosexuals. Nor are there any facts that could support such a conclusion.
Proposition 8 was not about gay people or them getting married; it was about preserving definitions. And there is nothing whatsoever that suggests that voters intended for Proposition 8 to impact gay folks at all.
What ever could have given Walker the idea?
Apart from the language of Proposition 8 itself, which is facially neutral with respect to a person’s sexual orientation, how could the intent or purpose of more than seven million voters be determined? By exit polls? Pre- or post-election polling? Random sampling of the electorate? Voter interviews? And how, based on the selective evidence presented by the plaintiffs (from a veritable deluge of messages inundating the voters during the hard fought campaign over Proposition 8), could any court possibly distinguish between the electorate’s knowledge that what it was voting on would have a disparate impact on a given class of persons (homosexuals) and an intent or purpose to cause that impact?
Oh, I dunno. How about the fact that every ad they ran, every speech they made, every sign they waved, every interview they gave and every sermon they preached were based entirely on Stopping Gay Marriage. No exceptions.
It would take a tremendous amount of credulity to buy the idea that while all of the advertising for Proposition 8, all the rallies, all the get-out-the-vote and all of the celebrating was based in opposing gay couples that the voters really had “channeling procreative sexual activity into a stable social and cultural environment in which the children so procreated may be raised and providing the benefits of dual-gender parenting” in mind.
And in perhaps their only honest and non-cynical moment they conclude:
In light of the foregoing, it is irrelevant whether, as the district court purported to find, Proposition 8 was motivated by animus against homosexuals. The fact remains that Proposition 8 is reasonably related to legitimate state interests. That is sufficient to sustain its constitutionality under the rational basis standard. The district court’s holding to the contrary should be reversed. [emphasis added]
I’m not sure that such briefs achieve the goal of supporting the Proponent’s assertion that there is no animus towards gay people. I doubt that the judges hearing the appeal are dunces and arguing that the voters should be able to instill bigotry into the constitution is not a compelling selling point.
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Prologue: Why I Went To “Love Won Out”
Part 1: What’s Love Got To Do With It?
Part 2: Parents Struggle With “No Exceptions”
Part 3: A Whole New Dialect
Part 4: It Depends On How The Meaning of the Word "Change" Changes
Part 5: A Candid Explanation For "Change"
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