Tuesday, July 6, 2010

Does anyone ever actually read party platforms? They have some fun stuff.

The Texas Republican Party has adopted as part of its platform the following:


Homosexuality – We believe that the practice of homosexuality tears at the fabric of society, contributes to the breakdown of the family unit, and leads to the spread of dangerous, communicable diseases. Homosexual behavior is contrary to the fundamental, unchanging truths that have been ordained by God, recognized by our country’s founders, and shared by the majority of Texans. Homosexuality must not be presented as an acceptable “alternative” lifestyle in our public education and policy, nor should “family” be redefined to include homosexual “couples.” We are opposed to any granting of special legal entitlements, refuse to recognize, or grant special privileges including, but not limited to: marriage between persons of the same sex (regardless of state of origin), custody of children by homosexuals, homosexual partner insurance or retirement benefits. We oppose any criminal or civil penalties against those who oppose homosexuality out of faith, conviction, or belief in traditional values.  

Texas Sodomy Statutes – We oppose the legalization of sodomy. We demand that Congress exercise its authority granted by the U.S. Constitution to withhold jurisdiction from the federal courts from cases involving sodomy.

Oy.  So many problems with the above.  I don't understand the hatred for all things gay, and don't waste your time trying to argue with me that the paragraph about homosexuality isn't hatred.  It is and anyone who tries to say differently will have no credibility with me.

But the one that struck me was the the plank about sodomy statutes.  The Texas Republican Party evidently doesn't think that U.S. Supreme Court case law should apply in Texas.  Because SCOTUS invalidated Texas' sodomy law a few years ago in Lawrence v. Texas.  But the TRP doesn't think that case should apply in their state anymore.  They think they can demand that Congress withhold jurisdiction from federal courts on one particular type of criminal case such that they could then reinstate their beloved criminal sodomy statutes without interference with those darned, activist, liberal federal courts.  
Except there's one problem.  Even if Congress did bow to the demands of one party from one state and withhold jurisdiction from federal courts on sodomy cases, Lawrence v. Texas still exists.  And the state courts of Texas are still obligated to follow that binding case law.  So either the TRP doesn't get that federal constitutional law still applies in their state regardless of Congressional limitations on the jurisdiction of federal courts.  Or the TRP blatantly wants its state courts to disregard federal constitutional law.  Neither one makes the TRP look very good in my book.


1 comment:

Transplanted Lawyer said...

The good news is, most Republican activists look at a platform for what it really is: a sop thrown to the social conservatives who care about such things, which a candidate may and is indeed expected to disregard piecemeal as he or she chooses so as to demonstrate "independence" from even one's own party and thus be a "principled statesman."

 
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