California’s high-profile federal lawsuit against Proposition 8, which begins in court on January 11, appears to be about creating a federal case for same sex marriage. But in fact, much more is at stake. Lurking in the shadows of this case is a breathtaking expansion of judicial interference with perfectly valid elections. Whatever your views about Proposition 8, we surely should be able to agree that special interest groups can’t go into court to overturn elections they don’t like.
Ted Olsen and David Boies want to convince the court that the alleged anti-gay bias of Proposition 8 supporters should invalidate the election. But first, they have to find some such bias. This is why Olsen and Boies sought the trial court’s permission to demand confidential campaign documents. They want free reign to rummage around through the Prop 8 campaign’s computers and filing cabinets, looking for evidence of this supposed meanness. The trial judge had ruled that Prop 8 proponents had no First Amendment privilege, and therefore had to hand over all communications among members of the campaign and their contractors.
[…]The motives of the seven million Californians who voted Yes on 8 are irrelevant. The election was about adding 14 words to the California Constitution. The entire state of California knew perfectly well what those words were. The point of the campaign was to discuss the likely impact of those words. Olsen and Boies don’t like what the voters decided. Sorry. Self-government is about abiding by the results of lawful elections, whether you like the outcome or not.
Most troubling, Judge Walker has also ruled that the trial will investigate the Proposition 8 sponsors’ personal beliefs regarding marriage and sexuality. No doubt, the plaintiffs will aggressively exploit this opportunity to assert that the sponsors exhibited bigotry toward homosexuals, or that religious views motivated the adoption of Proposition 8. They’ll argue that prohibiting gay marriage is akin to racial discrimination.
To top it all off, Judge Walker has determined that this case will be the first in the Ninth Circuit to allow cameras in the courtroom, with the proceedings posted on YouTube. This will expose supporters of Proposition 8 who appear in the courtroom to the type of vandalism, harassment and bullying attacks already used by some of those who oppose the proposition.
The tolerance of the secular left. I hope some of my readers who believe in marriage are going to law school – and I want straight As on your transcripts, but keep a low profile! I recommend writing under a pseudonym, because the other side will go after anything you write to discredit you. Think about it.
By the way, comments on this post will be strictly moderated in order to respect Obama’s hate crimes law.