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Out of Thin Air

Out of Thin Air

Inverstors Business Daily August 5, 2010

This is the top story of the week. As a freshman Florida State Representative in 1997, I sponsored the Florida Defense of Marriage Act in order pre-empt an attack on traditional marriage by the liberal majority on the Florida Supreme Court. Now, traditional marriage is under the final assault with the Supreme Court showdown in the not too distant future. Over the years I spent in the Florida House it was enlightening to see the natural tension between the three branches of government that our brilliant forefathers conceived. I learned along the way that liberal judges get as far as they do because these judges know that conservative lawmakers are afraid to use the checks and balances against the judiciary for fear of being called anti-law and order. I recently listened to Newt Gingrich giving a talk at the David Horowitz Restoration Weekend about President Jefferson firing about half of the federal judges in his day. It was truly insightful to hear that one of our founding fathers actually knew when to exercise the constitutional powers necessary to discipline another out of control branch in our inspired, but precarious, constitutional framework. Don’t our modern day conservatives legislators or executives believe in the same checks and balances?

From Investor’s Business Daily:

“Same-Sex Marriage: A federal judge decides marriage is a constitutional right and overturns California's Proposition 8 forbidding such unions. The issue is headed to a Supreme Court that Elena Kagan will be sitting on.

The imperial judiciary has struck again, with Chief U.S. District Judge Vaughn Walker striking down California's Proposition 8, passed in November 2008 with 52% of the vote, on the grounds that the voter-approved law was a violation of gay couples' civil rights.

Walker's ruling follows a Massachusetts federal judge's ruling last month that the state's married gay couples, also established by judicial fiat, were being wrongly denied the financial benefits of marriage because of the federal Defense of Marriage Act.

In his decision, Judge Walker argues: "Proposition 8 fails to advance any rational basis in singling out gay men and lesbians for denial of a marriage license." Except that Walker provides no rational basis for identifying marriage as a constitutional right.” ...
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