Posts Tagged ‘proposition 8’

Joel B. Pollak

Will 2012 Be About Social Conservatism After All?

by Joel B. Pollak

Rick Santorum may be about to do what was unimaginable to most people just a few weeks ago: take 2 of 3 states from Mitt Romney. Yet Santorum is still considered a long shot for the Republican nomination, and the presidency. That is because his campaign has lacked money and organization; he is still failing to qualify for ballots in several states, for example. But it is also because Santorum’s social conservatism is seen as a liability.

Rick Santorum in Minnesota (Photo: AP / Washington Times)

Conventional wisdom has long held that the 2012 election would be about fiscal and economic issues, not social issues such as abortion or gay marriage. The Tea Party movement seemed to have put limited-government issues ahead of social issues on the Republican agenda. And controversy over the religious views of presidential candidates like Michele Bachmann seemed an obstacle to their success in the general election.

But social conservatism may be due for a revival, for three reasons. First, the Obama administration and the left in general have provoked fights with religious communities. Catholic voters are upset by Obama’s decision to force religious institutions to offer contraceptives and abortifacients under ObamaCare; opponents of gay marriage are upset by (largely) liberal efforts to overturn Proposition 8, California’s 2008 referendum. (more…)

Ben Shapiro

Ninth Circuit’s Prop 8 Ruling Obama’s Worst Nightmare

by Ben Shapiro

Today, the 9th Circuit upheld the absurd ruling of Judge Vaughn Walker of the U.S. District Court of the Northern District of California, striking down Proposition 8, the voter-approved constitutional amendment that would uphold traditional marriage in the state. The ruling itself was highly political and in no way legally oriented. “Proposition 8 serves no purpose, and has no effect, other than to lessen the status and human dignity of gays and lesbians,” wrote the Court, “and to officially reclassify their relationships and families as inferior… the Constitution simply does not allow for ‘laws of this sort.’”

This, of course, is blatantly false. To begin, the Constitution says nothing about marriage whatsoever, which means that its definition is left to the states to decide. Second, there are plenty of great reasons to uphold traditional marriage and to disapprove alternative forms of marriage, ranging from thousands of years of history to state interest in childbirth to state interest in child rearing. Thirdly, the notion that the “equal protection” clause of the 14th Amendment to the Constitution applies to homosexual behavior rather than innate distinctions like race is absurd. Marriage laws approve and disapprove behavior, not status. While gay rights advocates like to equate race and sexuality, the two are vastly different – you can’t shake your race, but your behavior can always change, no matter how unpleasant that change may be. Behavior is routinely regulated by the states and invariably affects people differently based on whether or not they engage in said behavior.

Leave aside the absolutely correct charges that this ruling is a legal abomination, and the fact that our judiciary wields far too much clout overall. Let’s focus instead, for a moment, on the impact this ruling will have on the presidential race.

President Obama has been able to elude the question of same-sex marriage overall. His slippery rhetoric indicates that he’s pro-civil unions but anti-same sex marriage but is “evolving.” This ruling will force him to take a side. He will likely attempt to suggest that this is a decision best left to the courts, but he’s never taken that position before – see, for example, campaign finance reform. It’s unlikely that the gay community or the religious community will allow him to get away with that. (more…)

Publius

Court: CA Same-Sex Marriage Ban Unconstitutional

by Publius

SAN FRANCISCO (AP) – A federal appeals court on Tuesday declared California’s same-sex marriage ban to be unconstitutional, putting the bitterly contested, voter-approved law on track for likely consideration by the U.S. Supreme Court.

A three-judge panel of the 9th U.S. Circuit Court of Appeals ruled 2-1 that a lower court judge correctly interpreted the U.S. Constitution and Supreme Court precedents when he declared in 2010 that Proposition 8 was a violation of the civil rights of gays and lesbians.

It was unclear when gay marriages might resume in California. Lawyers for Proposition 8 sponsors and for the two couples who successfully sued to overturn the ban have repeatedly said they would consider appealing to a larger panel of the court and then the U.S. Supreme Court if they did not receive a favorable ruling from the 9th Circuit.

“Although the Constitution permits communities to enact most laws they believe to be desirable, it requires that there be at least a legitimate reason for the passage of a law that treats different classes of people differently. There was no such reason that Proposition 8 could have been enacted,” the ruling states.

The panel also said there was no evidence that former Chief U.S. Judge Vaughn Walker was biased and should have disclosed before he issued his decision that he was gay and in a long-term relationship with another man.

The ruling came more than a year after the appeals court heard arguments in the case.

Proposition 8 backers had asked the 9th Circuit to set aside Walker’s ruling on both constitutional grounds and because of the thorny issue of the judge’s personal life. It was the first instance of an American jurist’s sexual orientation being cited as grounds for overturning a court decision. (more…)

Larry O'Connor

I Am Stage Right

by Larry O'Connor

It has been almost one year since I began writing here at the Big Blogs of Breitbart.com.  When it all began, I was motivated by the events that brought down Sacramento Music Theatre executive Scott Eckern.  Ironically, his story, which inspired this new avocation also served as a real-life lesson in the new political world we inhabit.  You see, Mr. Eckern was forced to resign his position because it was discovered that he donated money to the anti-same sex marriage Prop. 8 campaign.  Knowing that, I would have been a fool to put my name on the things I’ve written here.  So, “Stage Right” was born.

Since then, I have been fortunate enough to have free-reign on all things theatre at Big Hollywood (gently guided by the collective wisdom of Andrew Breitbart and John Nolte) and I’ve had a fantastic time writing about the industry, about the non-profit world… even about my favorite shows.  But now, things have changed just a bit.

It started with Patrick Courrielche’s now famous expose’ on the NEA Conference Call.  Just like the Scott Eckern story, what bothered me most at the time was the media and especially the left-leaning theatre writers’ attack on Patrick.   Instead of showing any level of skepticism over the appropriateness of staff members of the NEA and the White House coordinating discussions with artists about how they can help move the President’s agenda by creating works of art in favor of specific issues, Patrick was attacked and libeled for the sin of telling the truth and bringing the subject to light.

Next came the media’s reaction to James O’Keefe and Hannah Giles’ blockbuster series of videos exposing the corruption at ACORN offices from sea to shining sea.  Again, the venom and outrage is directed at the messenger while the message gets rationalized and obfuscated.  This story raised my ire to such a degree that I began posting at Big Government. (more…)