Ordinarily, liberal lawyers such as Kerry and his running mate, Sen. John Edwards, D-N.C., would be expected to champion free speech. Instead, they are running like crybabies to get their pals in the media to censor the Republican mailings.
Kerry trotted out Edwards, a trial lawyer, to whine that President Bush should "tell everyone associated with the campaign to never use tactics like" these mailings. But Republicans should have no fear of including these issues in the presidential debates.
Opposition to same-sex marriage is a powerful issue in the 2004 election. Seventy-one percent of Missouri voters passed a traditional marriage amendment to their state constitution in August, and 78 percent of Louisiana voters did likewise in September.
Similar amendments to ban same-sex marriage will be on the November ballots in Arkansas, Georgia, Kentucky, Michigan, Mississippi, Montana, North Dakota, Oklahoma, Oregon, Utah and maybe Ohio. Democrats know the issue is hurtful to Kerry, so the American Civil Liberties Union is desperately trying to get an activist judge to remove it from the Arkansas ballot.
Fortunately, the U.S. Constitution provides a way to curb judicial supremacists who legislate from the bench and trash American culture. Article III endows Congress with the authority and responsibility to curb an abusive and overreaching judiciary by deciding what cases the judges can hear.
The U.S. House of Representatives has passed two bills to withdraw jurisdiction from the federal courts over matters where activist judges are trying to overturn decades of U.S. culture. The House passed the Marriage Protection Act (H.R. 3313), sponsored by U.S. Rep. John Hostettler, R-Ind., to stop the courts from forcing 49 states to recognize Massachusetts' gay marriages. The House also passed the Pledge Protection Act (H.R. 2028), sponsored by Rep. Todd Akin, R-Mo., to keep judicial activists' mitts off the Pledge of Allegiance.
Historians should mark these votes as the beginning of the end of the runaway judiciary's assault on our culture. Will supremacist judges try to resist this limitation of their power?
The 271-to-173 vote by which the Pledge Protection Act passed shows that there are more than enough votes in the House to impeach any judge who defies these constitutional laws. The House can adopt Clint Eastwood's approach: "Go ahead, make my day."
Phyllis Schlafly is a national leader of the pro-family movement, a nationally syndicated columnist and author of Feminist Fantasies.
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