Tuesday, November 17, 2015

Liberty Counsel press release on Alabama

I just received a press release from the anti-gay hate group Liberty Counsel. The subject line reads: “Doctors and Churches Ask Alabama Supreme Court to Resist Marriage Opinion.” This is fucked on several levels.

Most importantly, perhaps, is the simple fact that the Alabama Supreme Court can do nothing to nullify Obergefell v. Hodges. Gay marriage is a settled issue. Also settled is the notion that a state can overrule the Supreme Court of the United States. Mat Staver is crazy but he is also a lawyer and he surely knows the precedent established in Aaron v. Cooper. States don't get a say.

Secondly those doctors that filed a brief are also an anti-gay hate group — the American College of Pediatricians. The real professional association is the American Academy of Pediatrics. to get a better sense of this, compare their annual budgets:
  • ACP: $65 thousand 
  • AAP: $109 million
ACP's sole purpose is to defame LGBT citizens while they attempt (and sometimes – sadly – succeed) to confuse people about professional organizations. They and Mr. Staver are in a state of denial. In their brief they write:
If accepted, Obergefell's policy implementation will deliberately and intentionally deny children the father or the mother so essential to their well-being.
There is no "if" here. Obergefell established the law of the land.

The other group is the Charismatic Episcopal Church for Life. The fact that they are not to keen on gay people seems irrelevant. Staver provides the commentary on their brief:
The Church reasoned that "[u]nless the Obergefell opinion is issued 'in pursuance of' the United States Constitution, then it is not binding on this Court." The Church then methodically shows that the Constitution had nothing to do with the Obergefell majority's opinion, as Chief Justice John Roberts has himself acknowledged.
"Reasoned?" CJ Roberts held the losing opinion. He was unable to persuade four other justices that his position should be the deciding position. It no longer matters. Supreme Court decisions are based on the majority. Obergefell is the law of the land irrespective of whether the church or Mr. Staver approve. Frankly their approval was neither sought nor required.

This is all getting very tedious if not thoroughly idiotic.

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