Wednesday, February 8, 2012

It's settled - Bruce Hausknecht weighs in on Prop 8

Bruce Hausknecht
Bruce Hausknecht is the "judicial analyst" for Citizen Link (Focus on the Family). According to Hausknecht, the Ninth Circuit Court of Appeals made an "illegitimate decision" based on another "illegitimate decision"     referring to the California Supreme Court.

First a bit about Mr. Hausknecht who seems to be in his early to mid fifties. He attended a good law school (Northwestern) and seems to have been a sole practitioner specializing in construction law. I don't know if he has ever even seen the inside of a federal court of appeals.  Hausknecht joined Focus in 2004.

Mr. Hausknecht should know that this starts with Judge Vaughn Walker. Walker was first nominated to the federal bench by President Ronald Reagan. Progressives opposed his nomination because of his anti-gay history (really) and the presumption that he was insensitive to the poor. He was ultimately appointed by President George H.W. Bush. The 9th Circuit CA was unanimous in ruling that Walker's sexual orientation was irrelevant to the case.

Before Judge Walker, ProtectMarriage.com et al failed to make a case. They failed to provide any compelling evidence or witnesses. Originally, they were going to call George Rekers. I guess that we all know how that worked out. Indeed, their own witness conceded that our society would be better off with marriage equality.

As I am sure Mr. Hausknecht knows, the record is what it is. The appellate courts do not solicit evidence. Nor do they hear testimony. Based upon the record, the only logical conclusion was to sustain Judge Walker. Proponents of Prop 8 got a fair shake and were unable to pose any reasonable argument supporting the notion that Prop 8 had a legitimate purpose.

And, yes, the Court was very careful to write a very narrow decision and to highlight comparisons to Evans v. Romer, a gay rights case that did reach the Supreme Court concluding in an opinion written by Justice Kennedy. The Court wanted to provide a decision that would not be overruled and there is nothing wrong with that. This has gone on long enough. The children of gay couples need and deserve married parents.

I suspect that the Supreme Court will decline to hear the case. Doing so will effect gay marriage     again     in California and everyone lives.

As this little Focus infomercial comes to an end, the "host," Carrie Gordon, concludes that Prop 8 is necessary to ensure that more children have a mother and a father. Really? How does that work? Gays adopt children who have no mother and no father and do so regardless of the status of Prop 8. Also, regardless of the status of Prop 8, the same heterosexual couples are going to unite in the same wedded bliss, crank out the same kids, sue for the same divorces and abide by the same custody and visitation orders. Oh and California has over a 75% divorce rate going back decades. Heterosexuals have not exactly compiled a commendable record with "traditional marriage." Ms. Gordon is a moron!

Confronted with the Golden State's high divorce rate, I think we know who Ms. Gordon would blame. Of course Massachusetts still has the lowest divorce rate in the nation.
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