Monday, October 29, 2012

Sears: Judges who redefine marriage will answer to "We the People"

Alan Sears, president of Christian law firm Alliance Defending Freedom, has taken to the pages of the less than venerable Washington Times. His polemic on judicial restraint constitutes a rhetorical "threat" to the Justices of the Supreme Court on the day that the Court has redistributed the Prop 8 and DOMA cases for conference on November 20.

Sears continues:
The U.S. Supreme Court will be challenged to uphold Lincoln’s principle as it decides whether to hear four cases challenging the federal Defense of Marriage Act (DOMA) and one case challenging California’s Proposition 8, which affirmed marriage as between one man and one woman through a direct vote of the people.
Sears claims that these matters should be left to the electorate and not decided by judges which "exceeds judicial authority." He cites the fact that three Iowa judges were removed from the bench.

Sears correctly points out:
According to our Founding Fathers, the primary responsibility of the judicial branch is to interpret and apply laws according to the U.S. Constitution.
Last time I checked, equal protection has been part of the Constitution since the Fourteenth Amendment was enacted in 1868. Moreover, as Attorney Sears should be aware, marriage as a basic civil right is settled law since Lawrence v. Virginia.


U.S. Supreme Court building.
Sears does not explain exactly how the Justices of the Supreme Court would face the retribution of the people given that they are appointed for life. There are no retention elections. Ultimately Sears is trying to make a case that, should the justices find for marriage equality, they would be guilty of judicial activism. It's baloney. According to Sears' "logic," the Court is compelled to hear the Prop 8 case. The Court is also required to blatantly disregard parts of the Constitution that Sears doesn't like     including the Establishment Clause.

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