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What they're NOT telling you about last week's Prop 8 judicial ruling!
Yes, this will anger you . . .
POSTED: Aug 12, 2010
By now most of you have followed much of the fallout from last week's absurd judicial ruling in California where a single judge overturned the Proposition 8 constitutional amendment defining marriage as one man and one woman.
But an even bigger problem
We had been hearing rumors about this for a while: Now it's being revealed that probably the biggest factor was the unbelievably incompetent and un-aggressive way that the lawyers on our side -- i.e., the Alliance Defense Fund (ADF) -- conducted the case.
Although Liberty Counsel has defended the marriage laws in California since the battle began in 2004, the Alliance Defense Fund, representing the Prop 8 initiative, opposed Liberty Counsel's attempt to intervene on behalf of Campaign for California Families. The California Attorney General did not oppose Liberty Counsel's intervention, but ADF did. Liberty Counsel sought to provide additional defense to Prop 8 because of concern that the case was not being adequately defended. After ADF actively opposed Liberty Counsel, ADF presented only two witnesses at trial, following the 15 witnesses presented by those who challenged the amendment. Even Judge Walker commented that he was concerned by the lack of evidence presented by ADF on behalf of Prop 8. Liberty Counsel will file an amicus brief at the court of appeals in defense of Prop 8.
You cannot expect a judge to manufacture reasons why your side should win. You have to present the arguments yourself and make a strong case for them. Apparently, ADF did none of that and was shocked -- shocked -- when they got their head handed to them.
Why aren't you reading about this in the conservative media?
As we write this, we've seen almost nothing about this in the conservative media (and of course nothing at all in the mainstream media). Why not? To be blunt, it's because Alliance Defense Fund is big and influential -- and well-heeled. The usual conservative media doesn't want to get on their bad side. And exposing this -- especially the way it really ought to be exposed -- would certainly antagonize ADF. In other words, institutional cowardice isn't limited to the Left.
A terrible problem for the conservative movement
This is a huge problem in the conservative movement. This case represents the tip of an iceberg that's been crippling us terribly for decades: a reluctance to address the underlying issue of homosexuality itself -- the behavior, its associated health risks, and the profound moral issues. This is not just about the definition of marriage or children needing both a mother and a father. And it ultimately requires lawyers to confront the persistent myth that homosexuals are "born gay."
We saw it personally in the Suzi Landolphi sex-ed case in the 1990's, the Fistgate case, the David Parker case, and so many others that should have been hit out of the park but were botched by bumbling, spineless conservative lawyers.