Liberty Institute’s amicus brief – a tribute to Monty Python’s Flying Circus

9th circuit court house


(from Sept 26, 2010)



Utah has joined Idaho and Wyoming – along with Alabama, Florida, Indiana, Louisiana, Michigan, South Carolina and Virginia – in signing on with some thirty different state family councils,* to the latest amicus brief filed Friday, with the 9th Circuit US Court of Appeals, in again seeking to save Proposition 8 voter results from the scrap heap of bad ideas, and failed legislation:

* Liberty Institute, Association of Maryland Families, California Family Council, Center for Arizona Policy, Citizens for Community Values, Cornerstone Action, Cornerstone Family Council, Delaware Family Policy Council, Family Action Council of Tennessee, The Family Foundation, The Family Policy Council of West Virginia, Family Policy Institute of Washington, Florida Family Policy Council, Georgia Family Council, Illinois Family Institute, Independence Law Center, Iowa Family Policy Center, Louisiana Family Forum Action, Massachusetts Family Institute, Michigan Family Forum, Minnesota Family Council, Missouri Family Policy Council, Montana Family Foundation, New Jersey Family First, New Jersey Family Policy Council, North Carolina Family Policy Council, Oklahoma Family Policy Council, Oregon Family Council, Palmetto Family Council, Pennsylvania Family Institute, Wisconsin Family Action, and WyWatch Family Action.

You can download a PDF of the brief here.


In a rambling and dissembling romp back and forth through the US Constitution, the Declaration of Independence, Records of the Federal Convention of 1787, and a handful of civil rights cases (including Dred-Scott), all bantered about and claiming support for a study – made reference to, and quoted at length, – by John G Matsusaka (For the Many of the Few, Benjamin I page ed., paperback ed. 2008) that supposedly supports their position – that voter might should always make right.

It’s a predictable gasbag yawner, decrying the plight of California voters – all 51% of them – of having been denied the right to legislate-away the civil rights of a minority, by ultimately claiming that the legal turf of marriage falls under states rights.

Unable to show the state has a compelling interest in such legislation in the first place, and is patently Unconstitutional in the second, strike three is a farcical show of an effete elephant, with colorful umbrella, attempting to walk a tightrope – and all for the entertainment of the paying audience.

Non-profit law firm or not, the Liberty Institute’s Big-Top of Flying Lawyers, is more than willing to keep the doors open to paying customers, as long as they can claim to hold any promise of getting the Fat Lady to sing for them.

What an immense mass of evil must result, from allowing men to assume the right of anticipating what may happen.  – Leo Tolstoy


A few other resources:

  • SFGate home of the San Francisco Chronicle | filed this article titled, Wyo., 9 states file brief opposing gay marriage
  • Pam’s House Blend |, an article titled, Family Policy Councils to the Court: Just Ignore the U.S. Constitution, Mkay?
  • The Salt Lake Tribune | has an article titled, Utah and 9 states file brief opposing gay marriage


'10 MAth footer, Bk

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