Tuesday, November 25, 2008
"Judicial Activism": Letting Gays Adopt.
Is anybody else sick of hearing the religious right scream about "judicial activism" every time they lose a legal battle over social issues? What the fuck do they mean, anyway? I took civics about 19 years ago where I learned that a Federal judge has only one function- to rule on whether a law is constitutional or not. Sounds simple, right? It is unless you are so weak minded that you will believe Adam lived with dinosaurs and that the world is only a few thousand years old.
The latest case against "Judicial Activism" is coming from the State of Florida, bitching about a ruling by Circuit-court Judge Cindy Lederman which struck down a state law that prohibits gay couples from adopting. In a 53-page ruling she said: "It is clear that sexual orientation is not a predictor of a person's ability to parent," and "A child in need of love, safety and stability does not first consider the sexual orientation of his parent. The exclusion causes some children to be deprived of a permanent placement with a family that is best suited to their needs."
Of course Christian Conservatives have "experts" who testified that there is "a supposed dark cloud hovering over homes of homosexuals and their children." Is this what passes for science in Florida? What kind of nonsense is a "dark cloud"? I'll tell you what it is, it's called pollution.
On the other side there is considerable scientific weight, with organizations such as the American Academy of Pediatrics, American Medical Association and American Psychiatric Association which all support permitting same-sex couples to adopt. How can anyone compare peer reviewed organizations like these with nut jobs who believe homosexuals can, or want to, be cured? The answer is that you can't, which is why the right turns to slick sound bites and fear mongering. If you can't win 'em, spin 'em. Douches.
And where the hell is responsible reporting in this country? This isn't "judicial activism", it's a fair interpretation of a stupid law that doesn't past muster with our constitution. I don't see judges making the t.v. new circuits or sending out mailers- that would be activism. Journalists, reporters and columnists should be taking these right wing nuts to task instead of echoing their crazy, half baked sound bites.
The constitution guarantees rights for all Americans whether they be straight, gay, female, black, brown or anything else. Judges who fairly interpret the constitution should be praised as protectors of our democracy, not lumped in with real activists like Christian Conservatives, Jehovah's Witnesses, and Mormons.