Attack Update: May 14, 2006

The attack: “I basically say, Mr. Vice President, right now marriage is under attack in this country. And we’ve seen activist judges overturning state by state law, where state legislatures have passed laws defining marriage between a man and a woman, and that’s being overturned by a handful of activist judges around the country. And that is why we need an amendment to come to the floor of the United States Senate to define marriage as that union between one man and one woman.”
—  U.S. Sen. Bill Frist, R-Tenn.

Significance: Frist is at it again, repeating his talking point that equates judicial enforcement of equal rights with judicial “activism.” (See attack update for Feb. 10, 2006, describing a very similar attack Frist made against the judiciary).

It is absurd for Frist to insist that marriage is “under attack” when gay, lesbian, bisexual and transgender Americans are seeking equal rights and some judges are properly vindicating their claims. Frist’s words seem to be aimed at delegitimizing the judiciary, a dangerous goal in a constitutional democracy that depends on judges to enforce the Constitution.

DID YOU KNOW?

On March 14, 2005, Judge Richard Kramer of San Francisco County Superior Court ruled that California’s ban on marriage by same-sex couples was unconstitutional. The decision has been appealed.