Will Durst

Blind justice flies the rainbow flag

By - Aug 9th, 2010 04:00 am

Just when you thought we were settling in for another typical slow August news month, along comes Chief U.S. District Judge Vaughn Walker to overturn California’s Proposition 8. The one that banned same sex marriages. Did you get that? He overturned the ban. Loosed the bonds. Broke the chains. Raised a rainbow flag. And reopened a can of worms the size of the Louisiana Purchase.

According to this federal judge’s persuasive opinion, restricting freedoms is bad. Hence gay marriage is good. The 136-page judgment [Read the decision] finds that discriminating because of religious convictions violates the 14th Amendment to the U.S. Constitution. And no, this will not lead to legalized bestiality any more than eating Egg McMuffins leads to cannibalism.

The message is, if you don’t believe people should marry someone of the same sex, then go right ahead and don’t marry someone of the same sex. That part hasn’t changed. No one will be dragged from their beds and forced to wear collared shirts or attend avant-garde theater productions in Tibetan restaurant stairwells or serve rumaki at backyard barbecues. If, however, you don’t believe OTHER people should be able to marry someone of the same sex, tough titty. Which is a big change. Sea change. See change. Be change.

In this country, one group of people is not allowed to stand in the way of other people’s happiness simply because they don’t dig it. Or get it. Personal beliefs have nothing to do with how your neighbors get to live their lives. This is not about values, it’s about rights. You don’t want the Taliban telling your wife she has to walk five paces behind you in public while dressed as a grieving beekeeper, now do you?

Vaughn Walker, Chief Judge of the U.S. District Court, Northern District of California

And though Walker’s court is in San Francisco, this was not a flaming liberal ruling. The man was nominated by Ronald Reagan and appointed by George Herbert Walker Bush, for crum’s sake. So, if same sex marriage ever does become law of the land, the opposite sex marriage crowd is going to have to give a lot of the credit to Reagan and Bush. And being able to say that leaves a silky-smooth taste in the mouth, not unreminiscent of bacon-wrapped chicken livers.

Of course, this ain’t over by a long shot. The status quo is frothing like whipped cream-covered rabid dogs running through a liquid soap factory whose fire sprinklers activated, in their insistence that people continue to live like them, exactly like them and like nobody else but them. So help them God.

The judge did stay his own decision postponing further gay marriages in California, while five states and D.C. have licensed same-sex marriages and numerous states have banned them. So the situation is a foggier than a lighthouse near the Golden Gate Bridge at dawn in July and headed straight into the wheelhouse of the Supreme Court. Is Perry v Schwarzenegger destined to be Dred Scott or Brown v Board of Education? Robes and minds are being laundered and starched as we speak.

In America, we don’t judge a person based on their color or creed or sexual preferences: we judge them based on how little in taxes they do or don’t pay. And no matter which way your head faces during sex, all of us have the same basic human right to be miserable. Besides, isn’t the whole idea to keep gays from having sex? What better way than marriage do you know? Your witness, Mr. Burger.

0 thoughts on “Blind justice flies the rainbow flag”

  1. Anonymous says:

    Let’s hope the rest of the judicial seat in America follows the same thought process. Forced purchases of insurance or smoking bans should be up next for repeal.

  2. Anonymous says:

    Well argued, Mr. Durst. Thanks. — Strini

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