Bucks County HeraldAugust 12, 2010

Prop 8 Calif Civility Hill School

 

Dear Friends,

            Good morning. I thought about my high school headmaster as I heard Rush Limbaugh rant and rave about a federal judge’s decision concerning gay marriage. Limbaugh sounded absolutely apoplectic on the radio last Thursday.

I listen to Limbaugh, Sean Hannity, and Bill O’Reilly because I see it as my duty to keep informed. I think it’s important to read, watch, and listen to the viewpoints of the far right, left and middle.

            David Dougherty is the Headmaster of the Hill School in Pottstown. His letter to the alumni concerned civility. I’ll share his message to the graduating seniors in a moment.

            First, let me begin with the volatile court case.

            “Federal Judge Vaughn Walker struck down California’s voter-approved ban on same-sex marriage [Proposition 8] in a legal battle that seems all but certain to be settled by the U. S. Supreme Court,” The New York Times reported (Aug. 5).

This decision prompted passionate theatrics from Limbaugh and set him off like a Roman candle. Obviously, Limbaugh didn’t expect his outburst to be humorous but it was. Here are the story’s key points:

“Proposition 8 cannot withstand any level of scrutiny under the Equal Protection Clause [of the U.S. Constitution],” the NYT wrote about Judge Walker’s decision. That was the most important sentence in the 136-page decision.

There was an opposite view of course.

“Supporters of Proposition 8 said that the decision defied the will of the people of California and could well be an issue in November’s midterm elections,” the NYT continued. “Proponents said that same-sex marriage damaged traditional marriage as an institution and that marriage was historically rooted in the need to foster procreation, which same-sex unions cannot, and was thus fundamental to the existence and survival of the human race.”

Nonsense, the court concluded.

David Boies and Theodore Olson presented the case in favor of same-sex marriage. Those two are ideological opposites who once famously sparred in the 2000 Supreme Court battle between George W. Bush and Al Gore over the Florida recount and the presidency, the NYT explained.

“The decision was a victory for the American people, and anyone who had been denied rights because they are unpopular, because they are a minority, because they are viewed differently,” Olson said of the decision.

“Judge Walker’s decision is a stirring and eloquently reasoned denunciation of all forms of irrational discrimination, the latest link in a chain of path-breaking decisions that permitted interracial marriages and decriminalized gay sex between consenting adults,” an accompanying NYT editorial stated (Aug. 5).

What must have sent Rush Limbaugh into orbit were the NYT opinions about this decision.

            “[The Proposition 8] witnesses had no credibility,” the editorial stated, “and presented no evidence that same-sex marriage harmed society or the institution of marriage. The real reason for Proposition 8, Judge Walker concluded, is a moral view that there is something wrong with same-sex couples, and that is not a permissible reason for legislation.”

            The title of the NYT editorial must have sent Limbaugh’s blood pressure right through the roof. “Marriage Is a Constitutional Right,” it read.

            It will be difficult to overturn Judge Walker’s opinion because of this crucial sentence: “The evidence at trial regarding the campaign to pass Proposition 8 uncloaks the most likely explanation for its passage: a desire to advance the belief that opposite sex couples are morally superior to same-sex couples,” Walker said.

            Several published reports have stated that the judge is himself gay. If so, should he have recused himself from hearing the case? On the other hand, if a gay judge is disqualified, how about a straight judge? Monroe Freedman, an expert in legal ethics at Hofstra Law School put it this way. “There isn’t anybody about whom somebody might say ’You’re not truly impartial in this case,’ ” Freedman stated (NYT, Aug. 6).

            Anyway, this case is headed for the U. S. Supreme Court unless the justices are gun shy, which I doubt. It will take a few years for the appeal process to ratchet up. At the moment, the court leans to the right. But, should one of the more conservative justices or a swing vote justice retire, can you imagine the ugly fight, which a President Obama nomination would generate?

            With the sounds of the Limbaughs, the Hannity’s, and the O’Reilly’s crying every day, here’s what Headmaster Dougherty told the Hill School graduates on commencement day in May.

            “In your final hours as Hill School seniors,” Dougherty concluded, “My plea to you is: don’t act like the way professional wrestlers talk. You know better, and you must believe that even in the Real World, that jungle you’ve been alerted to…your values here will, must, prevail.

            “You can, even in the real world, (1) be nice (2) be kind, and (3) be civil,” Dougherty said.

            You readers and I have been discussing civility…or the lack of it…for years.

            Political discourse in America has become embarrassing. The wing nuts of the far left and right are so intent about destroying their opposition that they are unable to govern.

If I had a magic wand, I’d create term limits and prohibit men from serving in federal and state legislatures for a generation. We men are too combative…and when you look at the men serving in today’s federal and state legislatures…we’re just not smart enough.

            Sincerely,

            Charles Meredith

 

PS. Mea Culpa. My column in last week’s Herald had a glaring typo. I spelled President Kennedy’s daughter incorrectly. The correct spelling is Caroline Schlossberg. Alas!