A federal judge in Nevada, Judge Robert
Jones, upheld Nevada's ban on same sex Marriage this week. His
justification for the ruling? According to RawStory
his reasoning is as follows:
..gay
men and lesbians did not qualify for protections under the
Constitution’s Equal Protection Clause because recent victories in
Maine, Maryland, Minnesota and Washington proved that LGBT people did
not face the same level of discrimination as other groups did.
So
just because other states have decided to allow same sex marriage,
that means that the level of discrimination that same sex couples is
not acceptable? Is this guy seriously going to argue that
discrimination by some states is somehow less harmful because other
states allow same sex marriage? I guess he never heard of the idea
of equal protection under the law which is guaranteed by the constitution, which is now being denied by
states refusing to allow same sex marriage, ie equal rights in every
state, not just some. But that's not the best of it.
Human
beings are created through the conjugation of one man and one woman.
The percentage of human beings conceived through non-traditional
methods is minuscule and adoption, the form of child-rearing in which
same-sex couples may typically participate together, is not an
alternative means of creating children, but rather a social backstop
for when traditional biological families fail. The perpetuation of
the human race depends upon traditional procreation between men and
women. The institution developed in our society, its predecessor
societies, and by nearly all societies on Earth throughout history to
solidify, standardize, and legalize the relationship between a man, a
woman, and their offspring, is civil marriage between one man and one
woman.
Here's
where we really get to the crux of the argument, gays can't have kids
so their marriage can't be justified by the state, according to Jones decision. Does this mean that
heterosexual couples who are sterile should be disallowed from marrying because they cannot propagate the species. Should marriage licenses
now be granted based upon the results of sterility tests? I mean
that is what this guy is actually saying; that marriage is not
legitimate if copulation cannot result in perpetuation of the
species.
This
guy is just another religious fucking loon who has no business
sitting on the bench. It's
what you would expect from a George W Bush appointee; someone who's
just a fucking stupid, hateful and bigoted as W was.
But
the religious thing isn't the real problem here is it? It's this
judges inability to rules impartially even though his personal
beliefs make him a bigot. There are plenty of judges out there who
are capable of setting aside their beliefs and making rulings based
upon law even when those rulings go against their personal religious
beliefs. This guy, though, is apparently incapable of doing his job
and setting aside the nonsense that he believes in his personal life.
Seriously, how can any judge say that marriage is solely for
propagating the species and expect that this ruling will ever be
upheld. There is no legal precedent or even law on the books that
says straight couples must be fertile in order to marry. Would this
joker really want to livei n a world that enforced such beliefs
on straight people, even though he's OK with doing it to same sex
couples?
The
real problem with this judge, his ruling and his continued position
on the bench is that there's little we can do about it. These
federal appointees basically get a free ride for life. It doesn't
matter if they are bat-shit crazy, bigoted assholes who are incapable
of doing the job they are supposed to do. There is no oversight once
they are sitting on the bench. They can just run rough-shod over the
law and legislate hatred from the bench to deny human rights to the
people they are supposed be protecting. The real joke of this is
that the right constantly complains about liberal reactionary judges,
but the reality is the reactionary judges are the ones who are
upholding religious beliefs that have o place on the books as laws in
the first place. The judiciary is supposed to be the one impartial
part of the government. It is supposed to be the branch of
government that balances the executive and legislative branches and
makes sure that this type of bullshit never gets through. The
judicial branch has failed because this judge is essentially unfit to
do his job. Let's just hope the appeal is successful and gets in
front of someone who is capable of the impartiality that the job
requires, really DEMANDS, of the person doing it. As for Judge
Jones, he needs to be removed from the bench or asked to step down so
that someone who is capable of doing the job impartially can be put
in his place.
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