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Originally posted by Mmmm, Burger (C.J.)
Let's recap: Someone said I welcome this civil disobediance. You said, no, that's not good, because we're a nation of laws, not men. I said, well, as civil disobediance goes, this isn't even as far out as Rosa Parks or lunch counters. From that you get Burger sez laws are just suggestions.
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I welcome civil disobedience, but this is not it. This is an elected official breaking the law of the State/the will of the people. There is a difference, which even Ty recognizes (and when Ty and I agree it must be a valid point).
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Originally posted by Mmmm, Burger (C.J.) No. I said that if you're going to tolerate any forms of civil disobediance, this is a most tolerable form, because there is no harm to anyone prior to its resolution by the courts. Unlike, say, an assault weapon license, which, upon presentation to a salesman, would allow the immediate purchase of a device of mass mayhem.
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What is the harm in issuing the weapons license? It would allow someone to purchase a specific type of gun? Don't see the harm.
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Originally posted by Mmmm, Burger (C.J.) But let's go back to what's going on here. Each public official is sworn to uphold the laws that they are to enforce. If marraige clerk says I'm obligated to enforce not only the marriage laws but also the law/const. guaranteeing equal rights, and I can't comply with both so I'm going to comply with the equal rights law, how is that disobedient? It's a gray area, at least in light of the decisions of two state supreme courts. This isn't a southern sheriff saying that it's unclear whether the 4th/8th amendment allows him to shackle and flog a "Nee-grow" for looking at him funny.
At best, it's a police officer refusing to enforce separate lunch counters because his belief is that such would violate the 14th amendment. Would you be opposed to his refusal?
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This is not the roll of the executive branch. I firmly support a couple who was turned down for a marriage license using the courts to get redress, and I think it would be appropriate for the executive branch to not submit any briefs (if that is the term you people use) in the matter. And to compare the plight of the gays to the plight of the blacks in this country is offensive.
