http://photos1.blogger.com/blogger/758/1246/1600/student%20radio%20station%20attacked.jpg LIAR PARADOX: JUDICIAL ACTIVIST HARANGUE ONCE AGAIN

LIAR PARADOX

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Friday, October 21, 2005

JUDICIAL ACTIVIST HARANGUE ONCE AGAIN

"This is clearly a sign of an activist court system," said Orlando, Florida right-wing nut, Matthew Staver regarding the Kansas Supreme Court striking down a Kansas law targeting homosexuals with harsher punishment for statutory rape than heterosexuals.

The Kansas law provides that if a defendant under the age of 19 engages in heterosexual activity with someone under the age of 16, then his or her criminal punishment will not be as severe as a defendant over the age of 19. However, the Kansas law did not provide for the same kind of reduced punishment if the defendant is a lesbian or gay.


The 18 year old defendant in the Kansas case was sentenced to 17 years for engaging in homosexual acts with a 14 year old. Had this been a heterosexual case, the maximum sentence would have been 15 months. How is it judicial activism to require that the laws be the same for both gay and hetero sex?

The Kansas supreme court held that the law was invalid because there was no legitimate state purpose for assessing harsher penalties for homosexual acts but not heterosexual ones. The state argued that its "purpose" was based on "moral disapproval," and was therefore legitimate. Oh, I can just hear the rednecks in the South just 35 years ago, arguing "moral disapproval" of interracial marriage in Virginia. However, our Supreme Court of the U.S. has stated over and over again that "a bare desire to harm a politically unpopular group cannot constitute a legitimate governmental interest."

There is such a thing in our Constitution that requires equal protection of all under the laws. One can not punish a group more harshly than another group just because you don't like who they are. If we were allowed to do such a thing, you better believe that I would be lobbying my state legislature to impose harsher penalties on Republican SUV drivers who throw garbage out their windows than on regular car drivers, because I don't like Republicans and I believe it's immoral for people to drive gas wasting SUVs in times like these, where there are oil shortages and we are at war with a country as a result.

It's ridiculous to accuse the Kansas Supreme Court of judicial activism just because they are abiding by our Constitution as interpreted by the Supreme Court of the United States.

If you want harsher punishments for 18 year olds that have sex with 14 year olds, then you need to push for legislation that punishes heterosexual conduct just as harshly as homosexual conduct. But in this country of equality and freedom, you can't punish one more harshly than the other. To do otherwise is to contravene the spirit of our Constitution. And that, Mr. Staver, would be nothing but immoral, judicial activism.

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