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Brian Brown, Bill O’Reilly Meltdown Over Prop 8 Decision

It is not really amazing that people like Brian Brown or Bill O’Reilly did not bother to actually understand what the Prop 8 ruling hinged on when the Ninth Circuit Court of Appeals ruled. Of course, they rush to the Constitution without bothering to note things like, well, the Defense of Marriage Act is unconstitutional.

The problem is that it is established precedent that you cannot give someone a right and then take it away without due process or a just reason. Since NOM and company could not muster so much as a decent argument as to why it was necessary to remove the right for same-sex couples to get married, and ended up showing that their reasoning was based on religion, well, their case pretty much was doomed.

Of course, Brown wrote:

Even while pretending their ruling was a “narrow” decision, these judges effectively decreed themselves to be the supreme overlords of the people, invalidating the votes of over 7 million Californians and declaring that they, the vaunted elite in black robes and cloaked with lifetime tenure, will decide what marriage means in California and the nation.

In this nation, it has never been the standard practice to put the rights of a minority group to a popular vote. In fact, had the civil and political rights of Roman Catholics been put to a vote back in 1789, they would have been defeated. It was not until the 1960′s that Catholics were even trusted by the majority if Americans. We can also guess how putting the civil and political rights of Blacks to a vote in 1965 would have gone.

Brown’s reaction and statements are identical or similar to those written in the wake of Brown v. Board of Education by those demanding Segregation. The Southern Manifesto states “This unwarranted exercise of power by the Court, contrary to the Constitution, is creating chaos and confusion in the States principally affected. It is destroying the amicable relations between the white and Negro races that have been created through 90 years of patient effort by the good people of both races. It has planted hatred and suspicion where there has been heretofore friendship and understanding.” and “The unwarranted decision of the Supreme Court in the public school cases is now bearing the fruit always produced when men substitute naked power for established law.”

The Southern Manifesto was signed by Strom Thurmond and Harry F. Byrd among others. In fact, of the Southern Senators at the time it was written, only three refused to sign it- Estes Kefauver, Albert Gore Sr., and Lyndon Banes Johnson.

Brown went on to say:

Not only must our founding fathers be rolling over in their graves with the preposterous notion that marriage is unconstitutional, but the ruling is an affront to the millions of Americans—the vast majority of the nation—who recognize that man does not have the right to redefine marriage. After all, how can federal judges redefine something that man didn’t create?

Actually, the Founding Fathers would be far more upset over a Catholic puppet trying to backdoor theocracy in this nation. In fact, while the Founding Fathers would have been upset over the notion of homosexuality being legal, they would be furious over just how theocratic Brown and company are given their battle against theocracy in this nation, and their declaration that this nation was not a Christian nation, but rather a Secular one.

Brown also stated:

America is supposed to be a nation where the rule of law prevails. Until this case yesterday, no federal appeals court had ever declared that marriage is unconstitutional. To justify its outrageous opinion, the Ninth Circuit had to totally ignore binding U.S. Supreme Court precedent that state laws like Proposition 8 defining marriage as the union of one man and one woman do not violate the US Constitution.

The two judges who formed the majority opinion dismissed this precedent with a mere mention in a footnote because it inconveniences their radical judicial activism.

The judicial overlords on the Ninth Circuit have come to the amazing conclusion that once a court has imposed same-sex marriage on a state—as the California Supreme Court did in 2008 in a hotly-contested 4-3 ruling—the voters of that state are powerless to do anything about it. Maybe these activist judges think they are above the law, but we don’t!

In America, the people are sovereign, not elitist federal judges with their Hollywood values and lifetime tenure. Nobody is above the law, and it’s time we reminded them of that fact!

Of course, the fact that NOM has fought tooth and nail to try and keep their donor lists secret in violation of the law makes their last statement absolutely idiotic. What is more, the judges used existing laws to their benefit. In fact, they used case law to make their ruling, and case law that flies in the face of those who hate the rule of law like NOM.

Of course, that brings us to Bill O’Rielly who nearly had an aneurysm on his show last night:

Simply put, O’Reilly went into a fury because he cannot stands have anyone actually tell him he is wrong.

Which he is.