Racism compared to Anti-SameSex Marriage

CrookedTimber is one of my favorite blogs because of the depth and breadth of thought and discussion that occurs on nearly any topic imaginable.

Anyhoo, in the topic “Let’s bury – I say, let’s bury the hatchet, but not in anyone’s head, boy” (by John Holbo on April 19, 2014), the subject is: is anti-same-sex-marriage stances comparable to racism?

I appreciate John’s attempt to establish a starting point for behavioral, political, traditional, and psychological discussion of racism. He basically starts by saying racism is about hierarchical dominance and bigotry is about hate. Continue reading

Advertisements

Summary Conclusion Overturning Prop 8 — Disapprobation ain’t enough

For the reasons stated in the sections that follow, the evidence presented at trial fatally undermines the premises underlying proponents’ proffered rationales for Proposition 8. An initiative measure adopted by the voters deserves great respect. The considered views and opinions of even the most highly qualified scholars and experts seldom outweigh the determinations of the voters. When challenged, however, the voters’ determinations must find at least some support in evidence. This is especially so when those determinations enact into law classifications of persons. Conjecture, speculation and fears are not enough. Still less will the moral disapprobation of a group or class of citizens suffice, no matter how large the majority that shares that view. The evidence demonstrated beyond serious reckoning that Proposition 8 finds support only in such disapproval. As such, Proposition 8 is beyond the constitutional reach of the voters or their representatives.

=====================================
In the Finding of Fact portion of the 138-page document, p. 61, they quote my most-unfavorite but most entertaining constitutionalist, “Scalia, J” : Continue reading