Some Different Thoughts on the Iowa Supreme Court Marriage Decision

I wanted to respond to Mr. Samis’s thoughtful post on the Iowa marriage case and thought it’d be easier to do so by a separate post than by a comment. It is hard to engage such a complicated and emotionally charged question within the confines of a blog. Although I have generally found both my allies and opponents on the question to be gracious and respectful, I am also aware that this is an issue that can degenerate into dueling allegations of bad faith — of, from one side, accusations of “hate” and “prejudice” and, from the other, charges of “licentiousness” and “irreligion.” I also know that to raise the conservative position in the academy is like launching an offensive deep behind enemy lines. You may soon find yourself surrounded.

But I am finishing (with Daniel Suhr ’08) a paper on interpretation of marriage amendments using Wisconsin as a case study, so the topic is much on my mind.

First, a disclosure. I was a public proponent of Wisconsin’s marriage amendment and based my case on wholly secular grounds without reference to the morality of same-sex relationships. While I appreciate that my church believes such relationships to be morally impermissible, I am not persuaded by that judgment.

Nor do I disagree with Mr. Samis that gay and lesbian relationships, just as heterosexual unions, may — hopefully, will — exhibit the loving and supportive characteristics that he observed between his friends. I have observed the same in my own circles.

But where proponents and opponents of genderless marriage part ways is on the question of whether this resolves the matter. The latter focus not on merely on what may be similar about same-sex and opposite-sex intimacy, but also on what is distinctive.

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NAAC Wrap-Up: Congratulations and Thanks

Congratulations again go out to Stephen Boyett, Carrie Devitt, and Jessica Franklin for their outstanding finish at the National Appellate Advocacy Competition finals this past weekend.  The team placed among the final 16 in the nation.  The competition is hosted by the American Bar Association.

Both of Marquette’s teams, including the team composed of Elizabeth Champeau and Thomas Worsfold, distinguished themselves at the competition this year.  Both teams did well because they maintained a consistent effort throughout the competition.  They worked diligently on their briefs, and both teams achieved high scores on their briefs.  They also met numerous times with practices judges to hone their arguments.  The teams and I would like to thank the following practice round judges for all of their assistance this year:

Michael Aiken, Katie Bender, Rebecca Blemberg, Jesse Blocher, Bruce Boyden, Christopher Brunson, Kristina Cerjak, Michael Cerjak, Elizabeth Champeau, Wade DeArmond, Teague Devitt, Christopher Eisold, Rick Esenberg, Andrew Finn, Michael Fischer, Janine Geske, Kathleen Goodrich, Jeff Greipp, Jay Grenig, Nadelle Grossman, Martha Hamilton, Sam Hamilton, Thomas Hruz, Joseph Kearney, Jennifer Kreil, Mark Leitner, Alan Madry, Lisa Mazzie Hatlen, Natalia Minkel-Dumit, Brent Nistler, Julie Norton, Michael O’Hear, Joseph Peltz, Janice Rhodes, Peter Rofes, Paul Secunda, Bonnie Thomson, Michael Tuchalski, Carey Villeneuve, and Michael Waxman.

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Former Peruvian President Alberto Fujimori Sentenced to 25 Years for Human Rights Abuses

Today, the Peruvian Supreme Criminal Court convicted former Peruvian President Alberto Fujimori (1990-2000) of human rights abuses and sentenced him to 25 years in prison.  An historic sentence, this ruling represents one of the few times that a wholly domestic court has tried a former president for international crimes.  In particular, the Peruvian state convicted Fujimori for ordering the massacres at Barrios Altos (the extrajudicial execution of twelve people at a local party in 1991) and La Cantuta  (the extrajudicial execution of eight students and a professor in 1992), as well as the kidnapping of journalist Gustavo Gorriti and businessman Samuel Dyer. 

Relying on the criminal liability theory of “command responsibility,” the prosecutor provided evidence that the hierarchal chain of command led directly to Fujimori.  Notably, the court found that the systematic and general policy of violent and repressive means of fighting a “war against terror” made these crimes rise to the level of “crimes against humanity.”   Lawyers for the victims later pointed out to reporters that international law currently recognizes that perpetrators of this category of crime can never receive an amnesty or pardon.

As I watched the live coverage of the hearing online, I wondered what Fujimori was thinking.  For the entire duration of the sentencing (which lasted all morning), he vigorously scribbled notes on his notepad and did not look up even once.   Did he grasp the gravity of his acts?  Or did he still believe they were justified as part of his campaign against terrorists?  I suspect that when Fujimori stumbled on the Peruvian political scene almost two decades ago, he never could have imagined he would make history in this way.

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