November 23, 2006 6:23 AM

The law and order party...but only when the law supports their sense of order

Republicans hate our system of government

Alaska Lawmakers Thumb Nose At Court Ordered Gay Benefits

Republicans hate the basic underpinnings of that which makes us America. They don’t believe in the Constitution. They don’t believe in the Bill of Rights. They don’t believe in courts of law. They don’t believe in anything, accept anything as law in our country, other than the Bible and their will. They are a party of extremist bullies who simply do not believe in America.

Regardless of how you feel about homosexuality and/or gay marriage, in a country like ours there is one simple reality when it comes to the rule of law. You do not get to pick and choose which laws you obey and which you flout. To countenance such behavior would be an invitation to chaos and corruption (can you say “Russia”??). No matter where you sit on the ideological spectrum, you simply cannot refuse to obey a law because of your religious/moral/political beliefs without facing the consequences.

Personally, I’m ambivalent on the issue of homosexuality. It’s not a lifestyle I would choose for myself, but if it works for you, hey…more power to you. It’s a free country, and you should be free to conduct your personal and private affairs as you choose. Alaska’s lawmakers seem to take a different tack, placing their own personal prejudices over the legal order of a court of law.

The issue is benefits for same-sex domestic partners. Alaska’s Supreme Court ruled that the state must establish and offers benefits for same-sex domestic partners. When called into special session to approve a benefits package, however, legislators passed a bill prohibiting Governor Frank Murkowski from granted any court-ordered benefits. To make matters worse, they then passed a bill requiring the issue be voted on by Alaskans at the next general election.

So much for the rule of law, eh?

Both measures now go to the Senate. It is unclear how the upper house will vote. If it concurs with the House it is likely the whole issue of benefits would return to the state Supreme Court. But, if the court overturns the bills it would leave it up to voters. Democrats were outraged by Friday’s House vote.

“I think history will look back and say this Legislature tried to stop the march of progress, the march of civil rights, the march of health care,” said Minority Leader Ethan Berkowitz, D-Anchorage.

Last year the state Supreme Court ruled the state must establish benefits to same-sex partners of its employees in response to an action filed by the American Civil Liberties Union and nine Alaska couples.

The high court ruled that because same-sex couples are prohibited from marrying in Alaska, denying them rights extended to married couples deprives them of equal protection guaranteed under the Alaska Constitution.

In the final analysis, what holds this country together is the rule of law. If any individual or collection of individuals can simply ignore a court order carrying the force of law simply because they disagree, can we (and should we) not argue that we are one step closer to anarchy and chaos?

Whether or not Alaska’s Republican legislators agree with the idea of domestic partner benefits, and they clearly do not, they are still bound by the order of the state Supreme Court. If they continue to do so, they should face the consequences that should stem from that disobedience.

A state legislature is charged with enacting laws that govern the people of their state. Our systems of checks and balances means that these legislators should be, and are, subject to the oversight of the court system. If a resident of Alaska chooses to disobey a law passed by the Alaska Legislature, they will quite likely go to jail. If Alaska’s legislators choose to disobey a court order, they should also go to jail.

It’s a simple system, really. Obey the law. If you disagree with a law, work through the system to change it. You simply DO NOT have the right to disobey a law because of your moral/religious/philosophical/political beliefs without having to face the consequences of such disobedience.

Alaska deserves better from its Legislature. What sort of message does it send when those charged with making laws choose to ignore and disobey a court order that carries the force of law? From where I sit, it’s pretty clear: Republicans are the party of law and order…unless a law offends their sense of order.

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This page contains a single entry by Jack Cluth published on November 23, 2006 6:23 AM.

Yeah, I know...it's all the fault of the evil Brown People was the previous entry in this blog.

I live just south of Gluttony.... is the next entry in this blog.

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