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"Would you like your right to free speech... put up to a vote and say well, if five states approved it, let?s wait till the other 45 states do?"

"Would you like Fox?s right to free press...? These are fundamental constitutional rights. The Bill of Rights guarantees Fox News and you, Chris Wallace, the right to speak. It?s in the constitution." 

Said Ted Olson.

Here's something Rush Limbaugh said in the middle of his monologue about the Prop 8 opinion:

The left uses issues such as gay marriage as battering rams to wreck the US Constitution and that's what's going on here. ...  Well, the Democrats who are cheering this ruling, overturning California's Prop 8, are not really cheering gay marriage.  They want gays to believe that they are.  They are cheering and they are giving standing ovations to this judge for weakening the US Constitution, for ripping it to shreds, because that is the objective of the American left....

The Constitution was written to deemphasize the power of federal governments.  Our Founders had fled tyranny.  They certainly didn't set up tyranny when they founded this country with the Constitution. But the left -- the Marxists, socialists, progressives, whatever you want to call them -- want tyranny and they want to be in charge of it.  The Constitution stands in their way.  So this judge is being cheered ostensibly for recognizing homophobia in the heterosexual community for thousands of years.

Thousands of years of discriminatory homophobia has led to gay people not being allowed to marry, and this judge (finally someone enlightened) has come along and seen it. Wrong.  They are cheering the fact that this judge has rammed the Constitution with a battering ram.  These are the same Democrats who have either remained silent or openly advocated the building of a mosque where Sharia law is the word of Allah at Ground Zero.  Now, Sharia law not only bans gay marriage, it bans gays. Permanently.  So why in the world would leftists who are cheering a judge who has just said that Prop 8, voted on by seven million Californians is unconstitutional because of decades -- generations, thousands of years -- of homophobia and discrimination practiced by heterosexuals...?

I like Rush enough to believe that when he got to this part of his monologue, he knew he'd become incoherent. If you don't want the majority's idea of morality imposed on everyone, you need individual rights that courts enforce against the will of the majority. The Constitution limits what can be imposed on individuals. It limits the federal government, and ? with the 14th amendment ? it limits the state.

Full post as published by Althouse on August 09, 2010 (boomark / email).