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Forward, forever forward, no matter what

Friday, Aug 11, 2006

I doubt very much that we have heard the last of this.

The state Board of Elections agreed Friday with a hearing officer that an advisory referendum on gay marriage doesn’t have enough signatures to be on the November ballot.

But gay marriage opponents have taken their fight to federal court contending that the process to get a referendum on the Illinois ballot is burdensome and unconstitutional.

“Unless they pull a rabbit out of a hat in federal court, it’s not going to be on the ballot,” said Patricia Logue, senior counsel for the Lambda Legal Defense and Education Fund.

Opponents of gay marriage want a nonbinding referendum on the ballot that would ask voters if the state should amend its constitution to ban same-sex marriage. […]

A 1996 Illinois law already prohibits same-sex marriage, but opponents fear that courts could overturn the law unless the state constitution is changed.

Does anyone else see the irony in a potential court challenge? Forget about the merits for a moment.

Gay marriage opponents are worried that an activist judge will find some reason to overturn state law and allow gays to wed. Yet by filing a lawsuit, aren’t they hoping that an activist judge will overturn long established law and allow their measure onto the ballot?

- Posted by Rich Miller        


26 Comments
  1. - anon - Friday, Aug 11, 06 @ 4:10 pm:

    What is the Lambda Legal Defense and Education Fund?


  2. - HoosierDaddy - Friday, Aug 11, 06 @ 4:23 pm:

    In answer to anon’s question, it’s a gay rights legal organization, sort of a gay-CLU.

    In answer to Rich’s question, yep. We don’t like activist judges (unless they are on our side).

    Whatever.


  3. - Lovie's Leather - Friday, Aug 11, 06 @ 4:26 pm:

    Don’t care. Don’t expect this to be on the ballot.


  4. - Be Activist Only for Me - Friday, Aug 11, 06 @ 4:31 pm:

    Oh, no, it’s better!!

    The federal judge in Chicago has already turned them down. They, in turn, have excoriated the judge for not being ACTIVIST ENOUGH to rewrite the referendum election rules in Illinois, just so PMI can be on the ballot! LOL!!!! It’s turning into a reality TV comedy show.

    For all their fanfare, preaching, moralizing, mud-slinging, self-righteousness and self-flattery, Illinois Family Institute (and now Family Taxpayers Network, which is running around saying that they did all the work) simply SCREWED UP on getting signatures. Their chances in court are slim and none.

    A klutz by any other name . . . will still trip and fall.


  5. - annon. - Friday, Aug 11, 06 @ 4:33 pm:

    You might guess !??? Strange days indeed !!


  6. - HH312 - Friday, Aug 11, 06 @ 4:38 pm:

    I’m always on the lookout for people with enough principle to call BS on their own side when it’s deserved. Not seeing any in this foxhole!


  7. - Larry McKeon - Friday, Aug 11, 06 @ 4:40 pm:

    It’s not going to happen. Their argument was already rejected by a Federal District Court. They are shopping for an activist Federal judge. It is a rare event that a new judge will rehear the same argument made and lost in another district court.


  8. - bored now - Friday, Aug 11, 06 @ 4:40 pm:

    Gay marriage opponents are worried that an activist judge will find some reason to overturn state law and allow gays to wed. Yet by filing a lawsuit, aren’t they hoping that an activist judge will overturn long established law and allow their measure onto the ballot?

    and this brilliant observation after a beer (or two?)! damn! you’re good…


  9. - Rich Miller - Friday, Aug 11, 06 @ 4:51 pm:

    Just one, Bored. For now


  10. - Way Northsider - Friday, Aug 11, 06 @ 4:52 pm:

    Gay marriage is a bogus issue. People should worry about their own marriages - gay or straight - and not meddle in other people’s private business. This is politicking pure and simple. It shouldn’t be put to referendum - civil rights and human rights are civil rights and human rights - a majority of people shouldn’t decide to take away rights from others. The fact that a majority may or may not agree with something is irrelevant here - slavery was wrong even if a majority of the voters at that time in the South thought it was just dandy. I hope the courts throw this out.


  11. - Bill Baar - Friday, Aug 11, 06 @ 5:01 pm:

    Gay marriage opponents are worried that an activist judge will find some reason to overturn state law and allow gays to wed.

    Get rid of the activists judges, and let voters decide in a referendum, if their should be a referendum.

    …after two beers.


  12. - HANKSTER - Friday, Aug 11, 06 @ 5:02 pm:

    Its time we stop attacking the judiciary just because someone disagrees with their decision. It is a very dangerous and shameful trend being set.


  13. - Justice - Friday, Aug 11, 06 @ 5:08 pm:

    Whats the problem?? Gay, straight, neutural….who cares. Life is way too short and we need to live our individual lives the best each of us can. All of us should be so lucky to find some other that cares about us, be they straight or gay. And who says gays arn’t really the straight ones. Where did that rule come from. Really, people need to get a life.


  14. - doubtful - Friday, Aug 11, 06 @ 5:14 pm:

    Well, since it’s currently not legal, Bill, I doubt equal marriage opponents need that referendum. What they really need is a way to motivate people to vote, which is all they are shopping for. Keep the polls off the ballot.

    Hankster, you’re right on. We should especially be wary of any thinly veiled threats against the judiciary. Illinois has witnessed first hand violence against judges.


  15. - ChicagoCynic - Friday, Aug 11, 06 @ 5:15 pm:

    Rich,

    Are you really shocked, shocked to find hypocrisy in the right wing’s pronouncements on acticist judges? According to a recent study, the biggest activist judges in the country now are Antonin Scalia and Clarence Thomas.


  16. - Lovie's Leather - Friday, Aug 11, 06 @ 5:22 pm:

    “Its time we stop attacking the judiciary just because someone disagrees with their decision. It is a very dangerous and shameful trend being set.”

    Hankster, I think it is the exact opposite. I think we should criticize any judge that makes radical decisions whether they are to the left or right. It would be shameful not to.


  17. - HoosierDaddy - Friday, Aug 11, 06 @ 5:29 pm:

    Thomas and Scalia…. only if by “activist” you mean reversing the whacked out decisions of previous courts counts as activism.

    HH312: depends on whose foxhole you mean. I signed the petition when it was proposed and when its supporters were trying to get it on the ballot the old fashioned way. If you’ll note, I was the FIRST one on this board to call BS.


  18. - HH312 - Friday, Aug 11, 06 @ 5:39 pm:

    HoosierDaddy: glad to hear it. Nice to meetcha.


  19. - Elder - Friday, Aug 11, 06 @ 5:42 pm:

    I will start being shocked at right wing hypocrisy on the “activist judges” issue, after I get over my shock at conservative R’s in bed with the “gaming” (GAMBLING) industry!


  20. - ChicagoCynic - Friday, Aug 11, 06 @ 5:48 pm:

    HoosierDaddy, yeah, hate those whacked out decisions like desegregation, declaring mixed marriage statues unconstitutional, declaring the right of an accused to counsel and the right to have illegally seized evidence thrown out. Yeah, hate that whacked out leftist court…


  21. - Da Guy - Friday, Aug 11, 06 @ 7:12 pm:

    If everyone would just be reasonable, the world would be a better place. (By the way I get to define “reasonable.”)

    Who cares, why shouldn’t gays have the right to be as miserable as the rest of us. (or Happy, my wife just walked in.)


  22. - Cal Skinner - Friday, Aug 11, 06 @ 8:02 pm:

    And no one has made the Pat Quinn connection that I made over on Illinoize and McHenryCountyBlog.com.


  23. - Bill Baar - Friday, Aug 11, 06 @ 8:46 pm:

    What they really need is a way to motivate people to vote, which is all they are shopping for. Keep the polls off the ballot.

    Well, does taking it off, demotivate? Or just make them more angry?

    I think it does a diservice to people on both sides. I think it will happen in the future and the outcome on this one not as dire as same sex marriage advocates think.

    What does need to be sorted out are how things like what happened with Catholic Charities getting kicked out of the adoption business can be avoided.

    If redefining marriage means forcing Churches to violate doctrine and creed, few would support this. (Definition is discrimination by the way).

    The people behind this referendum, really believe in it; just as the supporters of same sex marriage really believe in it.

    That there will be no debate on it is not good because that’s how consensus is formed.


  24. - Who is This.... - Saturday, Aug 12, 06 @ 1:57 am:

    Hey Folks, I just received an email about Angel Rivera as a Write In Candidate for Illinois Governor. Frankly, I don’t have a clue who this guy is but he’s worth a look into if you aren’t happy with the current candidates.

    Maybe Rich could do a write up or something about Write In Candidates as I am sure quite a few would consider writing in someone other than “Mickey Mouse”.


  25. - ZC - Saturday, Aug 12, 06 @ 9:09 am:

    For some conservatives (not all), the lexicon goes as follows:

    1. A judge who overturns a law conservatives like is being “activist.”

    2. A judge who refuses to overturn a law conservatives dislike is “refusing to uphold the Constitution.”

    Neat trick, no?


  26. Pingback IlliniPundit.com » Blog Archive » Gay Marriage Petitions Fall Short - Monday, Aug 14, 06 @ 10:14 am:

    […] That said, I agree with Rich Miller about the inappropriateness of asking for court intervention to allow a ballot measure that seeks to prevent court intervention allowing gay marriage. […]


Sorry, comments for this post are now closed.


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