Thursday, June 17, 2010

"First exclude religious people from democratic polity and then do democracy with the folks who remain."

Maggie Gallagher: Ted Olson’s Answers to Judge Walker’s Question About Religion at Prop 8 trial

Posted by Maggie on Wednesday, June 16th at 9:29am

Judge Walker asked:

If the evidence of the involvement of the LDS and Roman Catholic churches and evangelical ministers supports a finding that Proposition 8 was an attempt to enforce private morality, what is the import of that finding?

Olson and Boies respond:

The evidence at trial established that the LDS and Roman Catholic churches played an instrumental role in the passage of Prop. 8. See, e.g., Segura, Tr. 1609:12-1610:6 (The coalition between the Catholic Church and the LDS Church against a minority group was “unprecedented.”); Case3:09-cv-02292-VRW Document686 Filed06/15/10 Page16 of 44

. . . They produced and funded campaign messages in support of Prop. 8, which stated and implied that same-sex relationships are immoral. See Doc # 608-1 at 250- 68 (PFFs 287-93). Moral disapproval of gay and lesbian individuals, however, is not a legitimate government interest. See Lawrence, 539 U.S. at 577 (“the fact that the governing majority in a State has traditionally viewed a particular practice as immoral is not a sufficient reason for upholding a law prohibiting the practice”); see also Response to Question A.2, supra. Indeed, the Supreme Court “acknowledged” in Lawrence that, “for centuries[,] there have been powerful voices to condemn homosexual conduct as immoral. The condemnation has been shaped by religious beliefs, conceptions of right and acceptable behavior, and respect for the traditional family. For many persons these are not trivial concerns but profound and deep convictions accepted as ethical and moral principles to which they aspire and which thus determine the course of their lives.” 539 U.S. at 571. “These considerations,” however, did “not answer the question before” the Court in Lawrence. Id. “Our obligation,” the Court explained, “is to define the liberty of all, not to mandate our own moral code.” Id. (internal quotation marks omitted).

Because Prop. 8 was an attempt to enforce private moral beliefs about a disfavored minority—and does not further any legitimate state interest—it is unconstitutional.

Translation: Religous Americans with traditional views of marriage and/or sexual morality have no right to organize or vote to advance their beliefs. The value of "equality" can be imposed by the people who believe that same-sex unions are marriages, but the idea that marriage is a union of male and female because children should have the love and care of their mom and dad is VERBOTEN.

Of all the ideas Olson is advancing, this is the most radical: First exclude religious people from democratic polity and then do democracy with the folks who remain.

5 comments:

Herb said...

Marriage is not only about children.

and it has been proven that children of Gay families do indeed fair well if not better.

You can go on with your "studies" that people in jail are of "broken" homes. of those of single parents.

The thing you can not see is that a same sex family is not A BROKEN HOME. there is guidance, love, support, and opportunity.

That is what gives a child a good family and home.

A child of a broken Gay family would suffer of the same resort of any other broken home.

Gay is ok, it just might not be ok for you.

Herb said...

you say that they should have the love and care of the mom and dad. Such that is directed in the bible.

Parenting in the bible...

When a man sells his daughter as a slave, she will not be freed at the end of six years as the men are. If she does not please the man who bought her, he may allow her to be bought back again. But he is not allowed to sell her to foreigners, since he is the one who broke the contract with her. And if the slave girl's owner arranges for her to marry his son, he may no longer treat her as a slave girl, but he must treat her as his daughter. If he himself marries her and then takes another wife, he may not reduce her food or clothing or fail to sleep with her as his wife. If he fails in any of these three ways, she may leave as a free woman without making any payment. (Exodus 21:7-11 NLT)

Gurthie said...

As long as that baby basher or sex trader is A MOM AND A DAD, MARRIED, Then I guess the MFC condones it?

mom said...

Since Jesus was brought up by a step father, I guess that family wasn't good enough for you.

mom said...

Making a child is a science, not a divine practice.

Rearing a child is a society and cultural process.

There is more than one society, and more than one community, more than one cultural way to live.

Not just one right way.

Or then Billions of people who do not follow your bible are wrong, and you are only right.