Activist Judges?

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'Activist Judges' Mainly GOP Appointees Study Shows
by Doreen Brandt
365Gay.com Newscenter
Washington Bureau



Posted: March 2, 2004 8:03 p.m. ET

(Washington, D.C.) A Senate sub committee Wednesday will hear testimony about the implications of judicial decisions supporting same-sex marriage. The hearing, set up by Sen. John Cornyn's (R-Texas) the chair of the subcommittee, is officially titled "Judicial Activism vs. Democracy: What are the National Implications of the Massachusetts Goodridge Decision and the Judicial Invalidation of Traditional Marriage Laws?"

Cornyn has a lengthy history of opposing gay rights initiatives, was critical of the US Supreme Court decision that overturned the Texas sodomy law, and condemned the Massachusetts Supreme Court for ruling in favor of gay marriage.

"The title for the hearing is a cynical rhetorical set-up that calls into question the legitimate role of our judiciary. And to make matters worse, the committee's effort is also to plant the idea that basic civil rights should be reduced to a popularity contest and call that democracy. This is shameful," said David Tseng, executive director of PFLAG.

"To discuss 'judicial activism' in this way is offensive. It is a way to attack judges who demonstrate courage and principle in matters of civil rights. The same was said of Chief Justice Earl Warren when he wrote the Supreme Court decision in Brown v. the Board of Education. What we take for granted to day as clearly the right decision was derided in its time as 'judicial activism.' "

But just who are these 'activist' judges? Lambda Legal has just complete a lengthy study of recent court rulings that favored gays.

Six of the seven justices on the Massachusetts high court that recently ruled gay couples have the right to marry were appointed by Republican governors.

Republican presidents appointed four of the six U.S. Supreme Court justices who voted to strike down Texas's law banning gay couples from having sex.

The orange County judge who in 2000 issued an injunction requiring public school officials to allow a Gay-Straight Alliance student club to meet on campus because it allowed other non-curriculum-related groups to meet has a history of mainly conservative rulings has also been called an "activist". However, most of his other rulings have been distinctively conservative.

Another judge with an extensive conservative background is Justice Dunne is a state court judge in Long Island, New York. In 2003, Dunne ruled that a gay man could sue a hospital for the wrongful death of his late partner; it was the first case in the nation that respected a couple with a civil union from Vermont as "spouses."

"The claim that 'activist judges' are behind these rulings for equality is nothing short of a fraud," said Kevin Cathcart, Executive Director Lambda Legal.

"Our Constitution requires judges to be fair-minded and independent, regardless of their political beliefs and sometimes in the face of strong political opposition."

Lambda Tuesday announced a multi-pronged, multi-state campaign to challenge misinformation from opponents of same-sex marriage.

The campaign, said Cathcart, will hold politicians and organizations responsible for using false claims to advance an antigay political agenda. Called "Judging Discrimination" it will use ads in mainstream daily newspapers in targeted states to debunk the claims, organize letter campaigns to criticize public officials, and challenge the media to be wary of politicians and groups using the phrase "activist judges".

Excellent article Outsider, thanks for sharing!

Yes, another great article. Thanks for supplying them for us.

It's funny how the republicans are saying that the "activist judges" are all democrats and liberals, blah, blah, blah. When these judges were appointed by the GOP. Blame, it's a contagious disease.

Well come on Outsider, Blame is the name of the political game.

I watched the movie traffic the other night. There was a joke between politicians that rang true...
From the politician stepping down to the politician taking over:
"Take these two letters and don't open them. When you get into trouble, open the first letter. WHen you get into another problem you can't grease out of, open the second."

So the first time the succeeding politician got into trouble, he opened the first letter. It was from the leaving politician reading: "Blame everything on me"
So he did, and it worked like a charm!
The next time the succeeding politician got into a snag, he opened the second letter. It read: "Sit down, and write two letters."

Politics is so dirty.

Great article, Outsider.
Judges make an excellent target since they are required to be non-partisan so they cannot fight back when accused of political bias. It is no wonder judges start understanding the abuses that minorities are subjected to. Though minorities are unable to fight back usually because of economic reasons instead of constitutional reasons.

The conservatives complain about Judicial activism but when a catholic bishop states that catholics who support Pro Choice or are for gay marriage should not be given communion (if the church was not tax exempt I would have no problem with it.)(also I thought the Catholic Church was against the death penalty??? I guess a loving couple getting married is worse that an innocent person being put death. I say innocent only because many innocent persons have been put to death.)
yet we don't hear any complaints from conservatives about that??!

Quoted from Christianity Today

Catholics who vote for politicians who support abortion rights or gay marriage will be banned from Communion until they have "recanted their positions" and confessed their sin, a Colorado bishop warned.

Bishop Michael Sheridan of Colorado Springs said any Catholic who does not reflect church teaching in the voting booth "makes a mockery of that faith and belies his identity as a Catholic."