It’s the end of the world! That’s right, Brian Brown is furious over the fact that there is ‘judicial arrogance and, frankly, lawlessness’ in the Prop 8 case. That is, the judges didn’t rule in their favor so it has to be because of the other side’s arrogance and lawlessness even though the ruling from the US Supreme Court largely renders ProtectMarriage pretty much powerless to do anything.
Brown whines about how “Same-sex couples began being ‘married’ in California when state officials illegitimately declared Proposition 8 was no longer in force and ordered county clerks to issue marriage licenses to gay and lesbian couples immediately! This, despite the fact that the US Supreme Court decision does not take effect for three more weeks. It’s another sad example of the utter disregard for the rule of law and judicial propriety by those who swear an oath to uphold the laws of California, and the nation.”
Oh Brian, you really should read up on the law before you whine.
His latest rant/fundraiser goes on to say “After Proposition 8 was challenged, both the governor and attorney general refused to defend it. Proposition 8 was invalidated by a homosexual judge in San Francisco who was engaged in a long-term same-sex relationship, something the judge refused to disclose during the trial.”
Of course, Brown forgets that it is the discretion of the person being sued to not defend the charges, and since Governor Schwarzenegger and Attorney General Jerry Brown did not want to defend Prop 8, it was up to them. What is more, just because Walker is openly gay does not mean that he had to recuse himself. In fact, that is a long set precedent with racial minorities and women not being forced to recuse themselves in cases that affect racial minorities and women.
What’s more, Walker did not have to grant ProtectMarriage status to defend Prop 8. He chose to do so.
Brian Brown continues on his whine saying that “Then the Ninth Circuit Court of Appeals weighed in to declare that Prop 8 is invalid in a decision written by Senior Judge Stephen Reinhardt, a judge whose wife actually advised the attorneys challenging Prop 8. He similarly refused to recuse himself from the case despite the apparent conflict of interest.”
Actually, Brown should double check the facts on that one. Reinhardt’s wife is Ramona Ripston, the head of the ACLU of Southern California. The ACLU of Southern California did file an amicus brief with the court, but because they were not directly involved in the case, that amicus did not disqualify Reinhardt from hearing the case. In fact, odds are that they set that amicus aside without reading it.
And finally, Brown cries in his beer over the fact that “a majority of the US Supreme Court rewarded them all by deciding that the only defenders of Proposition 8, the official proponents, lacked standing to appeal the trial judge’s decision.”
The problem for Brown is that they really didn’t have standing to appeal. That, too, is pretty much established precedent. What’s more, he seems to have ignored the people who said that ProtectMarriage lacked standing- Chief Justice John Roberts and Justice Antonin Scalia (Along with Justices Ginsburg, Breyer and Kagan).
This Funny or Die video where they transform World War Z’s trailer into World War G just seems to be what Brown things is happening in the world right now: