The Freedom Bulletin

The recent court decisions about S.B. 1070, Arizona’s immigration law, and Proposition 8, the ballot initiative banning gay marriage in California, have something in common. They both involve people calling certain laws unconstitutional.

Last Wednesday, Federal Judge Susan Bolton ordered an injunction against some parts of Arizona’s immigration law in response to a lawsuit by the U.S. Department of Justice, which claims the law is unconstitutional because the federal government, not the states, should have the power to regulate immigration. This Wednesday, Federal Judge Vaughn Walker overturned Proposition 8, calling it unconstitutional.

I have a question for judges, lawyers, the Department of Justice, and America as a whole: if you’re going to be calling laws unconstitutional, aren’t there better laws to call unconstitutional than these?

I am opposed to one part of the Arizona law – the part that makes illegal “the failure to apply for or carry alien registration papers.” Simply existing, legally, in this country but without registration papers does not hurt anyone or violate anyone’s rights. But the rest of the law isn’t bad. Illegal immigration is a serious problem, and I applaud Arizona’s attempt to deal with it.

I don’t think that Proposition 8 violates anyone’s rights at all, because I don’t think that marriage is a right, per se. If the government cared about equality, they would stop granting government recognition to marriages entirely and leave this to individuals and private organizations. Rewarding people for committing to a relationship, whether gay or straight, sends the unfair, false message that couples are superior to single people.

Now for some laws that are really unconstitutional and severely violate people’s rights:

• The Durham-Humphrey Amendment: Nowhere in the Constitution is the government given the power to ban people from taking medications without a doctor’s permission. Has this law ever been challenged in court? Not to my knowledge.
• The TSA’s use of full-body scanners as a primary method of airport security screening: To perform highly invasive searches on millions of people who aren’t even suspected of any crimes blatantly violates the Fourth Amendment.
• The individual health insurance mandate: The power to regulate interstate commerce does not mean the power to force people to engage in commerce.

I understand that obviously, the particular judges who made the rulings in Arizona and California have never, to my knowledge, had the opportunity to address these other laws…so the individual judges are not being hypocritical. But it says something about America as a whole that the government calls two mostly good laws unconstitutional while at least three horribly anti-liberty laws are currently considered perfectly constitutional. Hopefully liberty’s brave friends at EPIC and in Virginia will change this.

Further reading:

Court Order about Arizona law (PDF)

Photo credits: Prop 8 rally by 1FlatWorld (CC ASA 2.0); immigration law protest by Fibonacci Blue (CC ASA 2.0)

On Cinco de Mayo, two high school students in California wore American flag t-shirts to school. The principal told them to either take the shirts off or wear them inside out, calling them “incendiary.” Now the two boys and their parents are suing the school system, claiming that the school’s actions violated their constitutional rights:

Kendall and Joy Jones; John and Dianna Dariano, parents of Matthew Dariano; and Kurt and Julie Ann Fagerstrom, parents of Dominic Maciel, are asking a judge to rule that what happened May 5 at Live Oak violated the First and Fourteenth amendments, and that the school district’s policy regarding student speech is too vague.

The suit also asks for “nominal damages” and to award attorneys’ fees.

The Morgan Hill Unified School District, Live Oak Principal Nick Boden and Assistant Principal Miguel Rodriguez are named as the defendants.

Some people might call this lawsuit frivolous, but I think it has merit. No one should be banned from showing pride in their country, even during the holiday of another country. So many teenagers try to be cool and fit in at all costs that it’s a breath of fresh air to hear about teens showing their patriotism and standing up for what they believe in. It’s too bad that the Fourth of July doesn’t fall during the school year, because it would be interesting to see if the school allowed students to wear Mexican flag t-shirts on America’s holiday.

Complaint (PDF), thanks to KSBW-TV via the Examiner

An appeals court in California has upheld the state’s ban on gay marriage! “We conclude California’s historical definition of marriage does not deprive individuals of a vested fundamental right,” the justices said. This ruling reversed an earlier ruling by a San Francisco judge, who decided to allow gay couples to marry in that city. Although the law still leaves opportunities for gay-marriage supporters to appeal, it is a significant victory for gay-marriage opponents such as yours truly.