James Allen, a radio talk-show host and second- or third-tier columnist at Townhall.com, praises Glenn Beck as a “great leader” who has a “belief in a transcendent being called God.” I dissent and accuse Allen of suborning violations of the 1st Commandment. Continue reading “American Civil Religion Redux”
Category: Legalia
Red and Blue Families (Again)
Jennifer Roback Morse was late reviewing Red Families v Blue Families in part because it’s time-consuming to unpack illogic and obfuscation, but also in part because the book made her so mad she could hardly read it. A few bullet quotes capture her fury: Continue reading “Red and Blue Families (Again)”
Missions accomplished (I think)
My July 9 announcement of likely decreased blogging has expired, so to speak. The big exam was today. My parent left the nursing home Monday. Life is sorta kinda back to normal.
It’s amazing how much there is to master even when one is focusing a law practice — not trying to be a “general practitioner.” Continue reading “Missions accomplished (I think)”
Burning Witches and Stoning Adulteresses
C. S. Lewis, one of my greatest influences, opined that we don’t burn witches because we don’t believe they exist or that they can harm others. If we did think that people were casting efficacious spells of black magic to harm others, surely we would punish them.
In other words, we have a difference of opinion of fact with those who burnt witches; we have not really made a moral advance as compared to them. Continue reading “Burning Witches and Stoning Adulteresses”
The “Ground Zero [Whatever]” and Fred Korematsu
I’m not impressed with the quality of the “debate” (i.e., battling brain-dead monologues) over the Islamic Center near the World Trade Center site in lower Manhattan. Continue reading “The “Ground Zero [Whatever]” and Fred Korematsu”
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.
Same-sex marriage decision
(This was too long for Facebook.) I have never found my crystal ball very reliable, but I’m taking it out again anyway:
- Most Democrats in the Fall elections will continue to say they favor traditional marriage, but they’ll also continue to refuse to do anything to buttress it – either by opposing same-sex marriage, changing divorce laws, or whatever.
- Like Obama, Democrats will leave themselves wiggle room (“I said I was religiously opposed, not really opposed! Separation of Church’n’State, y’know.”) so they can claim to have been on “the right side of history” when the smoke clears. Continue reading “Same-sex marriage decision”
Bad Language alerts
It has come to my attention that some readers may have been troubled by bad language — typically scatological rather than profane in the technical sense — in things to which I link. Continue reading “Bad Language alerts”
If not for procreation, then why marriage at all?
Intentions to cut back on blogging notwithstanding, I have some sincere questions for proponents of same-sex marriage. Continue reading “If not for procreation, then why marriage at all?”