Attacks on Independent Courts Are Attacks on America

Kevin Cathcart, Lambda Legal Executive Director, has a good op-ed on 365gay.com (http://365gay.com/opinion/oped/oped.htm), that looks at the attempts by the Christianists to undermine an independent judiciary. Contrary to what the Christianists contend, the Courts should be the last defense of minorities from the tyranny of the major and the last protectors of equal rights of all individuals. That is certainly the concept that the Founding Fathers had in mind. Disingenuous politicians would totally reverse this equation and support unfettered majority rule, thereby making equal rights available to some, but not all citizens. To be candid, these people disgust me, especially since most of them cynically whine about an "out of control judiciary" when they know damn well that they are lying to pander to bigots. Here's a portion of Carthcart's column:

We knew it wouldn't take long before the Iowa judge who struck down the state's ban on marriage for same-sex couples was pegged an "activist judge" by the usual suspects. They say they are defending "traditional" marriage and our democracy itself. But their attacks on the judicial system are about as un-democratic as you can get. What is going on here? It's old-fashioned antigay sentiment wrapped up in attacks on America's independent courts. The problem is these tactics are as dangerous as the homophobia that inspires them.

When politicians attack judges who are simply doing their job enforcing the Constitution, it is a strike against our government itself. The founders of this country recognized the danger of placing too much power in any one part of the government. To avoid this, they separated authority into three branches, the legislative, executive and judicial. The branches exercise "checks and balances" over one another, to ensure that the law of the land is upheld and that the core principles of liberty and equality are available to everyone.

Within this system, the courts have always been the appropriate place for people to seek help when their constitutional rights have been denied. America's founders agreed that there were certain rights so fundamental that they cannot be taken away, regardless of majority sentiment. Whether the issues invoked are considered controversial or not, even the fervor of 99 percent of the public does not entitle people in power to deprive those in the 1 percent minority of their fundamental constitutional rights.

The Constitution protects us all against the ardor of those who believe passionately in the rightness of their cause. Regardless of the strength of their belief or how many may join them, they are not entitled to impose their will on others. Nor can they attack a court that rules in favor of fairness with desperate cries of "activist judge."Politicians' strong words against the courts may win them support from some people at the polls, but this comes at great risk to the system of government upon which this country was founded. That means anyone who attacks independent courts is, in essence, attacking America. We need to stand up and denounce these attacks in Iowa and anywhere else they occur. Our courts, our Constitution and our country depend on it.