As if we needed more confirmation that the anti-equality crowd is bereft of logical arguments and grasping at straws, a group of about 30 of Family Research Council’s state affiliates, called Family Policy Councils, have filed an amicus brief with the 9th Circuit Court of Appeals in the Perry v. Schwarzenegger Proposition 8 case. They’re asking the Court to overturn Judge Vaughn Walker’s well-reasoned ruling that Prop 8, which stripped gay and lesbian couples of their right to marry in California, is unconstitutional. You know that the amicus brief is a terrifically embarrassing document when a non-lawyer like me can look into it and see whole schools of red herring. Here are just a few of the keepers. From the very first sentence of the Summary of the Argument section on page 2:

“The United States’ government consists of checks and balances designed to limit the power of the various parts of the government, ensuring it follows the will of the people.”

Our federal government, as set out in the U.S. Constitution, uses the separation of powers principle to enforce power sharing among the three co-equal branches of government (executive, legislative and judicial). The purpose of this system of checks and balances is to prevent any one branch of government from gaining too much power, not to the protect “the will of the people”.

Full Story from Pam’s House Blend

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