That will tell you nothing about what the social agenda of the Gay Movement is, and it was your contention that you have a theory in that regard. I am telling you that your theory does not stand up to the twin barometers of both the language used (in a systematic fashion) and the political efforts engaged in. It is not judicial language that the Gay Lobby is interested in, but “moral” language.
He has proved himself to have zero credibility in both the principles of American law (case law, constitutional law), in the principles of religious liberty as referred to by Brother JR above, and in the so-called “purposes” of religion which he manufactured out of whole cloth. In a word, the man is ignorant. I have absolutely no respect for him as a jurist. A decision should not be an incoherent, rambling, semi-rational polemical speech, but a structured legal argument – which his was not. He is flamingly prejudiced against religion, as well as having no historical understanding of it.
Who has no credibility in your opinion, Judge Walker or the Supreme Court of Massachusetts? Are you saying he had no historic understanding of religion, or that he had no understanding of the history of the law? My reading of the decision was that he laid the groundwork from a historic perspective quite clearly.
The prohibition against marriage in the Church is based on the definition of the sexual union to be procreative and unitive. This was accepted as a principle to guide legal definition, until the contraception movement and women’s rights movements strove to negate that definition in pursuit of personal liberty. The Federal Court spelled it out clearly. The Massachusetts Court also spelled it out clearly. Have you read the decisions? They are very clear. The jurist in the Massachusetts case was a female. I assume you are referring to Walker. On appeal, another court found that he showed no prejudice.
You are entitled to your opinion, even if you don’t think other people are entitled to theirs. I assume that is because you feel strongly about these matters. Is that the case here regarding Judge Walker? Does that account for the hyperbole in your speech? There may be some attorneys who agree with you. That is why it will be appealed. All of the attorneys whom I have discussed it with have agreed that it is a well reasoned and solid decision, which may be difficult to overturn. One of those attorneys clerked for Justice Souter, and he teaches Constitutional Law. I don’t see where you get the impression that the decision was “semi rational polemical speech.”
Would you mind giving an example of where the decision is “semi rational” or “polemical”, so I can understand better what you mean?
If it is as you say, then it should be easy to overturn in the next round. But then, it has already been upheld once, on the same grounds which you assert. So apparently, another judge disagrees with you along with a Supreme Court Clerk and law professor, and some very good attorneys. That is precisely what we have courts for, right? To resolve differences where people disagree. I can think of several attorneys who I am sure would disagree with the decisions to date.
At this stage in the game, there is not much case law to go on. Anything could happen. Is it also your opinion that Theodore Olsen and David Boies, the attorneys who argued the case in California, are ignorant of the law? As far as I know, they are highly respected attorneys. At least their US Supreme Court track records would lead one to believe that they have somewhat more expertise in Constitutional Law than anyone you are likely to find on this forum. I would venture the guess that they have delivered more arguments and written more briefs to the US Supreme Court than Brother JR. So, while Brother JR may well be a competent attorney, there are others who may have more expertise in this area who disagree with him.