Judge John Roberts, blasted by gay abortion leftwing activists
as a dangerous threat to our basic liberties, during his
testimony on Tuesday spoke eloquently about the equal
protection clause, saying that while the context was clearly about
slavery, the intent of the framers was broader than just racial
inequality:
They [the founders] didn't write the equal protection clause in
such narrow terms. They wrote more generally. That may have been a
particular problem motivating them, but they chose to use broader
terms, and we should take them at their word, so that is perfectly
appropriate to apply the equal protection clause to issues of
gender and other types of discrimination beyond the racial
discrimination that was obviously the driving force behind it.
(emphasis added)
Of the right to privacy (the basis for overturning "sodomy"
laws), he remarked:
the court has...recognized that personal privacy is a component
of the liberty protected by the due process clause. The court has
explained that the liberty protected is not limited to freedom from
physical restraint and that it's protected not simply procedurally,
but as a substantive matter as well. And those decisions have
sketched out, over a period of 80 years, certain aspects of privacy
that are protected as part of the liberty in the due process clause
under the Constitution.
Finally, on his pro bono work on behalf of the gay attorneys
arguing Romer v. Evans, the landmark gay rights case in
which the Supreme Court ruled that states couldn't single out gays
for discrimination, Roberts said (and here, he has to worry about
inflaming the anti-gay right as well):
I was asked frequently by other partners to help out....And I
never turned down a request. I think it's right that if there had
been something morally objectionable, I suppose I would have.
Of course, in the
view of the Human Rights Campaign, expressed before they
bothered to hear his testimony, "Judge Roberts has such as a narrow
view of what the courts can and should do, it's a wonder he wants
the job at all." And the newly partisan-ized Parents, Families and
Friends of Lesbians and Gays (PFLAG) fulminated, "We cannot sit
back and allow a man with a demonstrated record of hostility
towards privacy and minority rights to make decisions on our
nation's highest court...."
Oh, what a beast.
Further, HRC and others also have expressed
their concern that Roberts will not show sufficient "adherence to
precedent" as regards prior court decisions - necessary to uphold
Roe v. Wade from future challenges. But of course if
"adherence to precedent" was as binding as they (now) insist,
Bowers v. Hardwick would not have been overturned and we'd
still have sodomy laws. And let's hope a future court won't feel
bond by precedent when it comes to revisiting the awful
Kelo decision that stuck at the heart of property
rights!