August 10, 2010

Prop 8 decision finds mere "beliefs" harm gays--as a "finding of fact" !

I took a brief look at Judge Walker's 136-page opinion striking down California's Prop 8.
Summary: 100 pages of emotion disguised as "Findings of Fact." Example:
77. Religious beliefs that gay and lesbian relationships are
sinful or inferior to heterosexual relationships harm gays and
lesbians.

Anything jump out at'cha in that sentence?

Well according to this judge, mere "beliefs" "harm gays and lesbians."

While this doesn't quite criminalize beliefs, a decision that mere beliefs--that is, not accompanied by any overt act--can cause a person or group harm would theoretically open the door to a flood of civil lawsuits. "You believed homosexuality was wrong, I was harmed by your belief, so I'm suing you for mental distress," or whatever.

Adding to the absolute crap-quality of this decision is that #77 was captioned not as "one expert's opinion," or "many people believe", but as a Finding of Fact.

This is of the same quality as a finding that "wine is harmful."

Now, I don't care whether gays and lesbians marry or not, but I do strongly believe that the judiciary owes the American people more objectivity and better legal scholarship than Walker showed in this opinion.

In fact, the quality of many of the other "findings of fact" were so bad that a cynic might be tempted to conclude that Judge Walker--far from being objective--was actually a stealth gay trying to throw the decision to his home team.

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