Friday, June 27, 2008

Note #4 On the California Court's Opinion re Marriage

Madness as a Contagion

If nothing else, the California Court's opinion "re Marriage..." is an important piece of literature for the study of group delusion. As Note #3 below decried, the Supreme Court's 'logic' relating to the semantics of Proposition 22 seemed to have more in common with the ravings of an alcoholic than a legal dissertation. Finally, about page 32, we get this grudging admission about Proposition 22:

"Although we agree with plaintiffs that the principal motivating factor underlying Proposition 22 appears to have been to ensure that California would not recognize marriages of same-sex couples that might be validly entered into in another jurisdiction, we conclude the statutory provision proposed by this initiative measure and adopted by the voters — which, we note again, provides in full that “[o]nly marriage between a man and a woman is valid or recognized in California” — cannot properly be interpreted to apply only to marriages performed outside of California. "

At last, we think, the Court's delirium tremors are over; no more visions of pink elephants are forth coming. Not so... not exactly... Three pages later, on page 35, this court is still apologizing to the word twisters for not going along with their delusions in this instance. Its majority writes:

"Accordingly, it is appropriate to interpret the limitations imposed by section 308.5 as applicable to marriages performed in California as well as to out-of-state marriages, in order to avoid the serious federal constitutional questions that would be posed by a contrary interpretation."

To be fair, the legislature the people of California elected has twice tried to legislate same sex marriages in California, and, twice, this has been vetoed by the governor of California. It is likely, and important for future scientific study, that constant discussion and unimaginably comic interludes between such seriously stuffed shirts, might easily have affected the California Supremes. In fairness to all madmen, all madmen should be recalled from public office. At least in the case of the governor of California, his lunacy, as expressed below, will pass from the government by term limit. If the court’s paraphrase of the governor can be trusted, here is clear evidence of the communication of lunacy, not by microbe, but by the written word:

"In contrast to the position advanced by the Proposition 22 Legal Defense Fund and the Campaign, the Attorney General and the Governor recognize that the California Constitution does not define or limit the marriage relationship to a union of a man and a woman. (108)"

If in Perez the California Supreme Court found a 'right to marry' in the State Constitution, and if, as the statutes and history of this word in California make plain, marriage is a gender-positive institution, not a gender neutral one, then it is equally plain that any redefinition of marriage making it gender-neutral defrauds the people of California of the fundamental right to marry found in its constitution. Again, it must be of interest to those who study mass hallucinations and other such phenomenon, that the madness of the executive and legislative branches have contributed to the Court’s delusions. It is the kooky carryings on of these representatives of the people that provides the excuse for the court to run on in maniacal proclamations of its sole power. The Court’s opinion, with the passion of Dr. Frankenstein himself, lifts its voice to the heavens, yelling over and over again words about irrelevant civil rights cases that completely contrast to it own findings earlier in its own opinion:

“Although, as noted at the outset of this opinion (ante, at pp. 4-5), we agree with the Attorney General and the Governor that the separation-of-powers doctrine precludes a court from ‘redefining’ marriage on the basis of the court’s view that public policy or the public interest would be better served by such a revision, we disagree with the Attorney General and the Governor to the extent they suggest that the traditional or long-standing nature of the current statutory definition of marriage exempts the statutory provisions embodying that definition from the constraints imposed by the California Constitution, or that the separation-of-powers doctrine precludes a court from determining that constitutional question… (109).”

What separation of powers doctrine? Who cares? The court quotes the governor’s opinion about the Constitution, not case law, not precedent, not the constitution itself, as the basis for doing whatever the court feels like doing. Since this recitation of its own power to do whatsoever it wants in the name of civil rights goes on page after page after page, it is plain that this court’s madness is a communicable disease. Mobs inspire one another with paranoid delusions until they do violence. So this mobbed up court has been inspired to run riot, tearing our constitution to pieces and depriving Californians of its civil rights.

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