Friday, April 3, 2009

It is always the same decision

Here is a link to a map that shows state by state what the laws are and what court rulings and legislation has been put in lace. Check it out.

Today the Iowa State Supreme Court ruled that banning same sex marriage is unconstitutional. Their ruling was based on laws that require equality or prevent discrimination based on sexual orientation. Funny, they reached the same conclusion as the California judges. And the same as Nebraska, Oregon and New Jersey. Not every court has ruled this way. But most have. Hmm - a conspiracy of activist judges? That doesn't make sense. Although I am praying this is true.

I'm still struggling to understand where the "activist" part is in the phrase "activist judges". It seems like they are simply using existing laws to make their decisions. How are they making new laws all on their own? Where is the new law written down? It's a court ruling. Courts interpret existing laws.

Other states have rushed to amend their constitutions to ban same sex marriage, even states that already had a Defense of Marriage Act. In other words, the only way they can get around equality and anti-discrimination is to legalize discrimination. They have to get a new law passed to stop the courts. Who is making the new laws here? Not the judges. I still don't get how people can amend their state's constitution when they have laws preventing discrimination or protecting equality. Aren't the two in conflict? Is this my viewpoint because I am an anal-retentive analytical scientist?

One day our citizens will look back on this the way that we look back on slavery. Horrified. But think about it. Slavery was only a few generations ago. My father knew freed slaves growing up as a young boy in Georgia. My prayer/wish/hope/dream is that in one generation - my son's generation - that people will stand up and say "This is wrong. This is shameful."

We should be so embarrassed as a nation. But at least we can be proud of the judges in Iowa. Here in America's heartland - away from the high profile states on the coasts - judges did the right and moral thing.

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