Tag Archives: Bowers vs. Hardwick

The wingnuts’ very bad day

Updated below (Wednesday, February 8, 2012)

Wow.

So the 9th U.S. Circuit Court of Appeals today ruled that Proposition 8 — the anti-same-sex-marriage measure that passed by a small majority in California in November 2008 after a hateful, lie-filled campaign by the right (financed largely by the Mormon cult and the Catholick church) — violates the freedoms guaranteed to Californians by the U.S. Constitution’s Fourteenth Amendment, a.k.a. the Equal Protection Clause.*

Sure, the case will go to the right-wing U.S. Supreme Court, but even if the current right-leaning U.S. Supreme Court rules that banning same-sex marriage is not unconstitutional, the composition of the court will change over time, and one day same-sex marriage will be legal in all 50 states.

These things take time — it wasn’t until 1967 that the U.S. Supreme Court ruled, in Loving vs. Virginia, that no state may outlaw mixed-race marriage.

And it was in 2003 that the U.S. Supreme Court ruled in Lawrence vs. Texas that, per Wikipedia, “private sexual conduct is protected by the liberty rights implicit in the due process clause of the United States Constitution.” Yet it was just in 1986 that the same court had upheld “sodomy” laws in Bowers vs. Hardwick. The court reverses itself all the time.

Also today, anti-choice wingnut Karen Handel resigned from the Susan G. Komen for the Cure Foundation after the foundation took well-deserved truckloads of shit for having decided to cut off funding to Planned Parenthood — a decision that Handel denies that as the Komen foundation’s vice president for public policy she influenced, but that insiders say of course she did.

Before she went to the Komen foundation, the Repugnican Tea Party’s Handel had run for governor of Georgia in 2010 on an anti-choice platform (never mind that the issue of a woman’s right to an abortion was settled waaay back in 1973 with Roe vs. Wade) and had received the endorsement of fellow wingnut and misogynist Sarah Palin.

Today is a great victory for women and for non-heterosexuals and non-gender-conforming individuals.

The treasonous, ignorant and hate-filled wingnuts among us hate the ideas of equality, of liberty, justice and freedom for all, but the ideals of equality, of liberty, justice and freedom for all — and not just for the oppressive wingnuts — march on nonetheless.

*The Fourteenth Amendment reads, in part: “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”

Updated (Wednesday, February 8, 2012):

Wow. Yesterday also was a bad day for the wingnuts because the utterly unelectable Prick Santorum came in at first place in all three Repugnican Tea Party presidential primary contests yesterday in Colorado, Minnesota and Missouri. Gilded Boy Mitt Romney came in at second place in Colorado and Missouri and third place in Minnesota.

A protracted Repugnican Tea Party presidential primary fight can only help Barack Obama. Indeed, the media have been reporting that Obama’s favorability ratings are up, and that the latest polls have him beating all of the Repugnican Tea Party presidential contenders in hypothetical matchups.

Again, yesterday was a pretty bad day to be a wingnut.

P.S. Prick Santorum’s attacks against Obama are pretty fucking hilarious, such as this one: “He [Obama] believes he’s the smartest guy in the country and he should tell people what to believe and how to live their lives.”

Yet it’s the Catholick Prick Santorum and his “Christo”fascistic cohorts who want to ban abortion — and perhaps even contraception — and decide who may and may not get married, and otherwise cram their backasswards, patriarchal, misognyist, homophobic, xenophobic, anti-science worldview down our throats.

But nooooo, it’s Barack Obama who wants to “tell people what to believe and how to live their lives.”

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Drum roll: My Prop H8 predictions

Correction: Judge Vaughn Walker was appointed by George H.W. Bush, not by George W. Bush. (The Los Angeles Times had reported just “George Bush.”) Also, I should note that Walker is openly gay, which the wingnuts should have a field day with. 

So later today, U.S. District Chief Judge Vaughn Walker is to decide whether or not California’s Proposition 8 — which in November 2008 reversed the California Supreme Court’s May 2008 ruling that same-sex marriage must be allowed under the California Constitution — violates the United States Constitution.

My prediction is that Walker will rule that Prop H8 indeed violates the U.S. Constitution.

One of the lawyers who argued before Vaughn that Prop 8 violates the U.S. Constitution was former Solicitor General Ted Olson, a conservative who fought for George W. Bush in Bush vs. Gore, the God-awful 2000 U.S. Supreme Court ruling that crowned George W. Bush “president” even though he had lost the popular vote and lost the state of Florida to his Democratic opponent Al Gore.

And Walker was appointed by George W. Bush.

And lest you think that the California Supreme Court is a bunch of swingin’, dope-smokin’ libbies — I mean, we are talking about California, after all — six of the seven California Supreme Court justices were appointed by Repugnican governors and only one of them by a Democratic governor, and in May 2008 the court voted 4-3 that under the state’s constitution, same-sex marriage must be allowed.

So along came Prop 8, funded mostly by the Mormon cult and mostly from Utah, which in November 2008 changed the California Constitution to add the same-sex marriage prohibition to it.

However, no state may enact a law, even a constitutional revision, that violates the U.S. Constitution. (A civics lesson that the fucktards in Arizona don’t get yet, but will.)

However Vaughn decides, his ruling is expected to be appealed to the U.S. 9th Circuit Court of Appeals and then to the U.S. Supreme Court.

I am not familiar with the U.S. 9th Circuit Court of Appeals, but my prediction is that the circuit court will uphold Vaughn’s ruling that finds that Prop 8 does indeed violate the U.S. Constitution.

The U.S. Supreme Court, however, is a lot less predictable.

Most people would assume that of course the Supremes would quash same-sex marriage, but it was in 2003 (in Lawrence vs. Texas) that the U.S. Supreme Court, by a 6-3 vote, struck down sodomy laws — that is, the nation’s highest court prohibited any state from making consensual sexual acts between adults in privacy illegal, ruling that such restrictions are unconstitutional — when it had been only in 1986, in Bowers vs. Hardwick, that the U.S. Supreme Court had ruled, 5-4, that sodomy laws (apparently especially those targeting non-heterosexuals) were not unconstitutional. (In Lawrence, the court concluded that “Bowers was not correct when it was decided, and it is not correct today.”)

I certainly do not intend to equate same-sex marriage with sodomy, like the wingnuts’ signage does, but I mean to point out that the U.S. Supreme Court does reverse itself and that it can be unpredictable — and that even conservative jurists sometimes do the right thing.

I give it a little bit more than a 50-percent chance that when it goes to the current U.S. Supreme Court (by which time we will have Justice Elena Kagan on board, for better or for worse), the court will rule that to prohibit same-sex marriage violates the U.S. Constitution.

If the current U.S. Supreme Court does not rule that way, I give it less time than it took between Bowers and Lawrence for the U.S. Supreme Court to rule again, this time in favor of same-sex marriage.

Same-sex marriage rights in all 50 states is just a matter of time.

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