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July 22, 2004

I'm fascinated, and disgusted

By the determination Republican leaders are demonstrating in their never ending fight to prevent gay people from getting married.

They lost last week, so today they're trying to pass legislation to prevent judges from ruling that states must allow gay marriages to comply with nondiscrimination clauses in state constitutions.

Write your representative. Again. It's hard to get any work done these days. Every day there's some new threat we suddenly have to defend the country from. And they're all coming out of Congress.

Posted by paulette at July 22, 2004 10:50 AM | TrackBack
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Just so you have it handy, here's the URL for getting in touch with your reps:

Posted by: pam on July 22, 2004 03:39 PM

Specifically, HR 3313 is a "court stripping" effort that would bar federal judges from hearing challenges to the Defense of Marriage Act (DOMA), which as we all know allows the states to refuse to recognize same-sex marriages from other states and prohibits the federal government from recognizing any same sex marriage (so that, for example, even if you are legally married in MA, for federal tax purposes you aren't married at all). The ACLU web site has an excellent analysis. To a lawyer, the idea of not being able to challenge a federal law in federal court is absurd.

Also, again, much hypocrisy. I saw a quote from a Repub on this bill saying that "unelected federal judges shouldn't be allowed to make marriage policy for the states" - a nice, traditional states' rights argument - yet the GOP's marriage amendment to the constitution would have the federal government set marriage policy for the states!

Posted by: Seth on July 23, 2004 11:23 AM

Well I guess I haven't been keeping up. The House passed this crock of a piece of legislation which even Bob Barr says is unconsitutional. Fortunately, wiser heads seem to prevail in the Senate.

Posted by: Seth on July 23, 2004 11:27 AM

Ok, my final thought on this ridiculousness:
“[T]he wise know that foolish legislation is a rope of sand which perishes in the twisting; that the State must follow and not lead the character and progress of the citizen; that the form of government which prevails is the expression of what cultivation exists in the population which permits it. The law is only a memorandum.” RALPH WALDO EMERSON, “Politics,” Essays: Second Series (vol. 3 of The Complete Works of Ralph Waldo Emerson), pp. 199–200 (1903).

Posted by: Seth on July 23, 2004 11:36 AM

Yeah, the GOP really hates unelected judges making policy. Except when that policy involves the elevation of an unelected shrub to the Presidency. And no, we're never going to forgive the Supremes for Bush v. Gore.

Posted by: jay on July 23, 2004 01:16 PM
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