SAN FRANCISCO — A federal judge overturned California’s gay-marriage ban Wednesday in a landmark case that could eventually force the U.S. Supreme Court to confront the question of whether same-sex couples have a constitutional right to wed.

That’s not a constitutionally acceptable answer. For one thing, the Constitution’s equal protection clause forbids the government from differentiating between anyone in the United States — including illegal aliens — on the basis of race. The new law, on its face, doesn’t make racial distinctions, but its supporters haven’t articulated any other grounds for suspecting that someone is an unlawful resident. It is, therefore, vulnerable to the argument that it essentially criminalizes walking while Hispanic.

RIVERSIDE, Calif. — A federal judge on Thursday declared the U.S. military’s ban on openly gay service members unconstitutional and said she will issue an order to stop the government from enforcing the “don’t ask, don’t tell” policy nationwide.

The above are three clips from different topics/ posts, but all deal with one basic issue: the constitutionality of the constitution. Conservatives of various stripes, look at these rulings, and scream, “Activist Judges,” yet, these judges are only guilty of doing exactly what they are supposed to do which is interpret laws in relation to the Constitution. From my perspective, the cries of outrage and objection coming mostly from folks who claim to be acting to uphold the Constitution, are the greatest and most dangerous assault on Democracy that our country has experienced in a very long time. Maybe ever, or at least the greatest since the Civil War.

I have included these three examples, because they illustrate the level of bigotry that is the driving force behind this bastardizing of the most important document to our country. It is no coincidence, that laws are being enacted against those who are traditionally “othered” by the status quo. As the judge’s rulings demonstrate, the system works, and even where unjust laws are passed, the system can rectify the problem they create.

And the attack is far from a simple attack on Gay rights or Immigration rights. those firing the assaults, are aiming more deeply than the very topic, but rather at the heart of the matter, at the Constitution itself. In my lifetime, I can never remember any talk by any real politician of removing any constitutional amendment (such as the fourteenth, which is currently under attack). This is big. It is bigger than the limited scope of same-sex marriage or racial profiling, although those are no small themes in their own right. The attack is at the very heart of Democracy itself. If real Democracy can be killed then the far right conservatives can have their way.

If these examples don’t demonstrate the theme well enough, consider Sharron Angle, the Republican candidate for Senate trying to unseat Democratic Majority Leader Harry Reid is an avowed supporter of gun rights, but she sees the 2nd Amendment as going much further than ensuring a right to bear arms. Angle threatens the use of guns and violence  against what she is calling a tyrannical government, and justifies these calls to violence as connected to the 2nd amendment to the Constitution.  That the current government was elected by a majority of Americans, is beside the point for her. Her use of the Constitution is entirely opposite the intended purpose of the documnent. And she could likely be the next Senator from Nevada!

Angle’s motives demonstrate how far people will go to enforce and maintain their bigotry. It is believed that the Democrats have a problem in the coming election- the Democratic base is not motivated enough to turn out to vote. The degree to which the very Constitution, or at least what it means is at stake, should give anyone from the progressive left to the vast moderate middle a pause, and then help them hurry to the ballot box to protect the very foundation of the country. Or it may be too late.



via ‘Don’t Ask, Don’t Tell’ Unconstitutional, Federal Judge Rules.


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