Monday Morning Hearsay: Do the Right Thing

Even if it scares you.

These statutes also deprive the Lovings of liberty without due process of law in violation of the Due Process Clause of the Fourteenth Amendment. The freedom to marry has long been recognized as one of the vital personal rights essential to the orderly pursuit of happiness by free men.

Marriage is one of the “basic civil rights of man,” fundamental to our very existence and survival. Skinner v. Oklahoma, 316 U.S. 535, 541 (1942). See also Maynard v. Hill, 125 U.S. 190 (1888). To deny this fundamental freedom on so unsupportable a basis as the racial classifications embodied in these statutes, classifications so directly subversive of the principle of equality at the heart of the Fourteenth Amendment, is surely to deprive all the State’s citizens of liberty without due process of law. The Fourteenth Amendment requires that the freedom of choice to marry not be restricted by invidious racial discriminations. Under our Constitution, the freedom to marry, or not marry, a person of another race resides with the individual, and cannot be infringed by the State.

Loving v. Virginia, 388 U.S. 1 (1967).

Vote yes on Question 6 tomorrow.

 

Recuse This

Dear Charles Cooper, lead counsel for the Prop 8 cabal:

You’re right, Judge Vaughn Walker should have recused himself from deciding the challenge to Proposition 8 because he is gay.   Because, as you argue, if Proposition 8 is held to be unconstitutional, then Judge Walker stands to benefit directly by being permitted to marry the man that he has been in a relationship with for ten years.   

I would also suggest the following for your consideration: According to your firm bio, you clerked for Mr. Chief Justice himself, William Rehnquist.  And you were a Reagan-appointed Assistant Attorney General, and blah blah, blah, a bunch of other impressive things that, at some point, in conjunction with your role as lead counsel in Perry v. Schwarzenegger, COULD LEAD TO A REPUBLICAN-INSTIGATED APPOINTMENT TO THE FEDERAL BENCH.  But I’m betting that appointment only comes if you win.  WHICH MEANS (oh, sorry, I’ll lower my voice) you stand to benefit from the outcome of the case, if you win.  And since a judge should recuse himself rather than directly benefit from litigation, you should PROSPECTIVELY RECUSE YOURSELF FROM SERVING ON THE FEDERAL BENCH RIGHT NOW.  (Shouting again.  Oops.)   Or any bench, really.  Not even a park bench.

Anyway, good luck trying to overturn Loving v. Virginia and all that good stuff.  Best.