As the California SSM case sinks in

When a judge takes a hotly-contested definition of marriage and labels it a “finding of fact,” we have not discovered an ingenious end-run around the turmoil of our culture wars. We have simply witnessed another volley in those wars. Tempting as it may be, the rule of facts cannot escape the moral controversy enveloping the marriage debate. Pretending otherwise serves neither the long-range interests of same-sex marriage advocates nor the vitality of our political community. (Robert K. Vischer) Continue reading “As the California SSM case sinks in”

A few links to others’ comments on same-sex marriage decision

First, Stephen Chapman, conservative and supporter of SSM, shows how extremely libertarian his position is (he would legalize polygamy) but also make good points about the “who decides” issue and the likely backlash.

Second, a Yale law professor (one of several “experts”) points out the odd “factual posture” of the case and actually thinks that despite his efforts, “Judge Vaughn Walker left us with a remarkably limited and vulnerable opinion”:

The invalidation of California’s Proposition 8 is based on the U.S. Constitution’s due process and equal protection clauses — not the California State Constitution — and is potentially of national consequence. But while he rehearsed every nuance of the evidence introduced at trial, Judge Vaughn Walker left us with a remarkably limited and vulnerable opinion.

Because Proposition 8 came out of California’s idiosyncratic ballot initiative process, it lacked the careful legislative record that most state statutes would enjoy. It was evaluated instead by reference to the sometimes unscientific or intolerant public claims of anti-gay campaigners. An impressive factual showing at trial was therefore essential to the legislation’s survival.

The largest part of Walker’s opinion is devoted to the evidentiary inadequacies of the defenders’ case. Observing that their evidence was “dwarfed” by that of opponents of the proposition, and dismissing the testimony of key supporters’ witnesses as “unreliable,” the judge concluded that “the trial evidence provides no basis for establishing that California has an interest in refusing to recognize marriage between two people because of their sex.”

Disappointed supporters will no doubt try again, arguing that this decision is a limited assessment of one particular factual record. As written, the decision lends itself to the conclusion that the failure was not with Proposition 8’s legal content but with its supporters’ sorry lawyering. This ruling is not going to settle anything.

Third, some Republican strategists are recognizing the peril of overplaying the issue — which I thought would be hard to do.

On the mountain of truisms, a city of buzz-words

I rouse myself from my blog hiatus, this lazy Friday evening, largely because a newly-discovered blog has a stunningly blunt and provocative entry that I wanted to circulate more enduringly than a call-out at Facebook.

The thesis is this:

A generation that not only can’t keep its pants on but believes it would be a gross injustice to encourage anyone to do so will not be the generation to stop global warming, end American imperialism and build strong local economies. A generation of prodigious sexual wastefulness is a generation unable to stop any other sort of wastefulness. The division in perspective between one’s body, one’s “will-to-pleasure”, and the evils of the outside world is almost incomprehensible. Restraint is for corporations and armies; anarchy is for American Youth. Continue reading “On the mountain of truisms, a city of buzz-words”

Vocations – true and fancied

“Every time I move to a new place, I’m asked by the locals, “How do you like living here?” I’m never quite sure how to answer that question, and for the longest time I didn’t know why. And then one day it dawned on me, I couldn’t answer the question because I couldn’t figure out what the difference was between one place and the next.” Continue reading “Vocations – true and fancied”

Another blog recommendation

Mirror of Justice is “A blog dedicated to the development of Catholic legal theory.” I apparently discovered it relatively late in the game, as it already is the second “stickiest” blog, trailing only the Volokh Conspiracy site (another law-oriented site). In other words, MOJ readers spend lots of time engaging what they read there.

This isn’t arcane stuff you need to be a lawyer to appreciate, although being a lawyer probably deepens the appreciation — or the opposition.

It’s sometimes philosophical (are there absolutes? more than one?), sometimes Front Porchy (are the suburbs bad?), sometimes surprisingly eclectic (does belief in interreligious unity reek of colonialism and empire?), and increasingly, one of my favorites.

New(ish) Blog Recommendation

Especially to Orthodox readers of this blog, I commend a new (to me) blog “A Vow of Conversation.” The author, Macrina Walker, says of herself:

When I first started this blog I was a Roman Catholic monastic. I am now exclaustrated from my monastery and am preparing to enter the Orthodox Church. I am South African, am presently in the Netherlands and my life is in a state of flux.

I’m looking forward gradually to reviewing her promising “Completed Series” as well as subscribing to her new postings.