California judge targeted for recall because of same-sex ruling

[Khephra]

SACRAMENTO, Calif. -- An organization opposed to same-sex marriage is targeting a Sacramento judge for recall after he upheld a state law that would give registered domestic partners many of the same rights as married couples.

Superior Court Judge Loren McMaster "trashed the vote of the people and ruled in favor of the corrupt legislators who hated the voters' opinions on marriage," Randy Thomasson, executive director of the Campaign for California Families, said Friday.

The state law, AB205, scheduled to take effect Jan. 1, increases the rights available to domestic partners, a status recognized by California in 1999. The new rights are to include community property, child custody and support on the same terms as spouses, as well as certain government benefits, bereavement leave and the right not to testify against a partner.

It was challenged in court by Thomasson's group and other supporters of Proposition 22, the voter-approved 2000 ballot measure that prohibited California from recognizing same-sex marriages. They argued that AB205 was the equivalent of a same-sex marriage law and could not take effect without voter approval.

http://www.shns.com/shns/g_index2.cfm?action=detail&pk=JUDGE-09-13-04

[no_hypocrisy]

1. This situation is a perfect example why judges should not be subject

to the whims of the populace. In order to follow legal precedence, there may occasionally be unpopular decisions. Decisions being accepted by 100% of California residents is not likely. In order to safeguard the integrity of judges and their nonpartisan, unbiased opinions, the product of the judiciary can't be voted upon like a legislative act. The seats of the judges must not be susceptible to political gameplaying. While I agree that judges must go out of their way to explain their decisions, justify them, I don't believe they should be "punished" for doing what they believe is their constitutional mandate to preserve the judiciary.

[Yuna]

8. Exactly

These idiots need to figure out why the founders gave every justice on the SCOTUS a life time term, as well as why many other judges serve very long terms (i.e. 25 years). Primarily, so they didn't have to say "Oh shit! An election is coming up and the mob outside REALLY likes racial segregation..."

Further, this is also why the founder constitutionally prohibited lowering a judges pay. They wanted the branch to be independent, and feared the congress might attempt to lower pay as an attempt to control it.

Regardless - the courts should not be subject to the rule of the mob. If they find something constitutional or unconstitutional and the right wing nuts outside don't like it too damn bad. On the federal side of things more than likely that judge was seated and confirmed by people elected by the majority of people in the nation. State judges are in a similar position. It is not as if they are not legitmately in their position.

[no_hypocrisy]

2. This situation is a perfect example why judges should not be subject

to the whims of the populace. In order to follow legal precedence, there may occasionally be unpopular decisions. Decisions being accepted by 100% of California residents is not likely. In order to safeguard the integrity of judges and their nonpartisan, unbiased opinions, the product of the judiciary can't be voted upon like a legislative act. The seats of the judges must not be susceptible to political gameplaying. While I agree that judges must go out of their way to explain their decisions, justify them, I don't believe they should be "punished" for doing what they believe is their constitutional mandate to preserve the judiciary.

[TriMetFan]

3. I just don't get it.

When I was a kid people like the ones that are against same sex marriage were against step-families. I'm talking 30+ years ago these same kind of people used the freaking bible etc... about the step-families. I Thank God for my step-father. And y'all know what he Thanks God for the 2 wonderful grandsons he has from my 18 year relationship with my wonderful spouse. The right just needs to get their F*CKING HEADS OUT OF HOLE.

Sorry for going off.

[Bertha Venation]

4. The voice of the people is not the ultimate ruler here.

"Superior Court Judge Loren McMaster "trashed the vote of the people and ruled in favor of the corrupt legislators who hated the voters' opinions on marriage," Randy Thomasson, executive director of the Campaign for California Families, said Friday."

Highly opinionated groups who believe everyone should think like them need an education in what the tyranny of the majority can do -- has done.

Look at it this way, Randy: most people elected to the California state assembly are probably a little better read, maybe a little more exposed to real life, possibly a little better educated, than Joe Six-Pack. Now, education & experience don't necessarily make one a better legislator, but often those things do tend to broaden one's mind and to make one more tolerant of differences.

Now, Randy, I didn't just call you ignorant or backward. I would call you narrow-minded, though. I imagine you'd even agree with that assessment, with a vehement denial of "real life" and "education" and "the world." So stay in your little cocoon. Oh, keep voting, and keep speaking out for what you think is right, but realize that "majority rule" isn't the way this country is run (even if you think you have a majority). And pick up a book besides the Bible once in a while.

[asjr]

5. And where in the law does it say

Homophobes Rule? The constitution says all are equal. It does not say all except for homosexuals. This sort of crap has to stop. We are all human beings and should respect others.

[DBoon]

6. This guy is one crazy far out anti-capitalist radical

I mean wanting to void contract rights? Hasn't he heard he is supposed to believe in private property, free enterprise and all that? Where the right to enter into contracts is sacred?


What next, he will try to deny atheists the right to own real property?

[2Design]

7. yes activists judges made it legal for black/white to marry in the 60's

the red state mentality is vindictive and these people need an exorcism...they are really evil