Obviously the recent decision by the California Supreme Court to strike down that state’s ban on same-sex marriage has been big news everywhere, and predictably enough, some conservative bloggers have already started caterwauling about “judicial activism” from the four judges who issued the ruling, never mind the fact that six of the seven justices that currently sit on the California Supreme Court were appointed by Republican governors. Ultimately though, for all the screaming about how the California Supreme Court’s decision reeks of judicial activism, a quick glance at the decision by a legally untrained eye such as mine reveals that the decision is far from being activist – it’s actually firmly in keeping with the most basic tenets of our nation’s Constitution and Bill of Rights. Perhaps the phrase that sums up the California Supreme Court’s decision best is the following:
“An individual’s sexual orientation – like a person’s race or gender – does not constitute a legitimate basis upon which to deny or withhold legal rights.”
Ultimately that’s what this decision is all about – equality, and to quote my esteemed colleague, the illusory one:
Today’s convenient Republican devotion to direct democracy is nothing but a smokescreen for a desire to enforce subjective religious principles through state coercion and a prurient fascination with the mechanics of — male, especially — homosexual relations.
And in closing, I leave you, dear readers, with a little something I found during my travails surfing the interwebs.
Given that we’re discussing same-sex marriage, I think it’s only fitting:
Dear Dr. Laura:
Thank you for doing so much to educate people regarding God’s Law. I have learned a great deal from your show, and try to share that knowledge with as many people as I can. When someone tries to defend the homosexual lifestyle, for example, I simply remind them that Leviticus 18:22 clearly states it to be an abomination. … End of debate.
I do need some advice from you, however, regarding some other elements of God’s Law and how to follow them.
1. When I burn a bull on the altar as a sacrifice, I know it creates a pleasing odor for the Lord — Lev.1:9. The problem is my neighbors. They claim the odor is not pleasing to them. Should I smite them?
2. I would like to sell my daughter into slavery, as sanctioned in Exodus 21:7. In this day and age, what do you think would be a fair price for her?
3. I know that I am allowed no contact with a woman while she is in her period of menstrual uncleanliness — Lev.15: 19-24. The problem is how do I tell? I have tried asking, but most women take offense.
4. Lev. 25:44 states that I may indeed possess slaves, both male and female, provided they are purchased from neighboring nations. A friend of mine claims that this applies to Mexicans, but not Canadians. Can you clarify? Why can’t I own Canadians?
5. I have a neighbor who insists on working on the Sabbath. Exodus 35:2. The passage clearly states he should be put to death. Am I morally obligated to kill him myself?
6. A friend of mine feels that even though eating shellfish is an abomination – Lev. 11:10, it is a lesser abomination than homosexuality. I don’t agree. Can you settle this? Are there “degrees” of abomination?
7. Lev. 21:20 states that I may not approach the altar of God if I have a defect in my sight. I have to admit that I wear reading glasses. Does my vision have to be 20/20, or is there some wiggle room here?
8. Most of my male friends get their hair trimmed, including the hair around their temples, even though this is expressly forbidden by Lev.19:27. How should they die?
9. I know from Lev. 11:6-8 that touching the skin of a dead pig makes me unclean, but may I still play football if I wear gloves?
10. My uncle has a farm. He violates Lev. 19:19 by planting two different crops in the same field, as does his wife by wearing garments made of two different kinds of thread (cotton/polyester blend). He also tends to curse and blaspheme a lot. Is it really necessary that we go to all the trouble of getting the whole town together to stone them? — Lev.24:10-16. Couldn’t we just burn them to death at a private family affair like we do with people who sleep with their in-laws? (Lev. 20:14)
I know you have studied these things extensively and thus enjoy considerable expertise in such matters, so I am confident you can help. Thank you again for reminding us that God’s word is eternal and unchanging.
Your adoring fan,
James M. Kauffman, Ed.D. Professor Emeritus Dept. of Curriculum, Instruction, and Special Education University of Virginia
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