Showing posts with label NOM. Show all posts
Showing posts with label NOM. Show all posts

Monday, November 29, 2010

Am I a Hypocrite?

"Judge Norman Randy Smith - He was confirmed in 2007 after being nominated by President George W. Bush. Born in Logan, Utah, Smith graduated from Brigham Young University with a bachelor’s degree in 1974, and received his J.D. from Brigham Young University’s J. Reuben Clark School of Law in 1977." (Note: In addition to practicing law and serving as a U.S. Ambassador, J. Reuben Clark was also a member of the First Presidency of the LDS Church for several years.)

This man is one of three who will, as a panel, judge the appeal of Perry v. Schwarzenegger...

This man (and I am making an educated guess), is a Mormon. Who graduated from the same law school that Lynn Wardle teaches at (note that it says he is a "Bruce C. Hafen Professor of Law" - I haven't been able to pinpoint what that means, exaclty).

(More on Lynn Wardle here. And here.)

(More on Bruce C. Hafen here. Also, Bruce C. Hafen used to be the Dean of BYU's J. Reuben Clark Law School.)

The other two Judges on the 9th Circuit Panel are more left-leaning (which is great for us!), but I have also heard that Judge Smith is pretty moderate (even on equality isses) for a "conservative judge."

However, I am not convinced. Let me preface this by saying that I am not calling for harassment, or a lynch mob, or anything of that sort, of Judge Smith. But I am not convinced.

His church is heavily invested in his ruling; one of the defendants (NOM) is a Mormon front-group; the law school he attended is replete with people in high positions (a Dean of the law school; a famous lawyer; the fact that the law school is named after a member of the LDS Church's First Presidency) who have come out with mean-spirited, unsubstantiated, and flat-out wrong statements and propositions that undermine not only our equality, but our humanity...

So, here is the question: Am I a hypocrite for thinking that Judge Smith should remove himself from the three-judge panel because of his multiple conflicts of interest? Especially since the last ruling was made by a man who is not-so-secretly gay (ahem, Judge Vaughn Walker). And especially since I thought it was ridiculous that Judge Walker was getting criticized for it by the pro-Proposition 8 Team (they insinuated that judges cannot be gay because you cannot trust a gay man's judgment)...?

I mean, really, come on, isn't this akin to my made-up analogy of a Judge, who graduated from Hitler Law School, deciding a case for/against a state constitutional ban on Jewish rights, with the defendants of the ban in question being created and funded by the Nazi's, with whom the Judge has personal and spiritual associations?