Thursday, October 15, 2009

Are you in favor of amending the Constitution to remove language requiring that separate schools for "white" and "colored" children be maintained?

Did you just suffer from a time warp? Would it surprise you to learn that Kentucky citizens voted on that again in 1996?

Political elites were stunned when a third of those voting, and majorities in five counties, rejected the change.
Poll result in McLean County, KY (they voted in favor of it)

The upcoming 2010 Kentucky Legislative Session gets closer everyday, and this is going to be a LONG session, so be prepared for anti-gay legislation to be filed, and be prepared to fight it. We've had so many hard fought battles over the past several years.

In 2006, conservative Senators in Kentucky filed legislation to "rein in the Kentucky Court of Justice" by limiting judicial review of legislative acts; conservatives wanted to limit the authority of Kentucky Courts in ruling something "unconstitutional." Senate Bill 236 (sponsored by 9 Senators) and stated:

- The judicial department shall not engage in judicial activism through court orders or the issuance of opinions which are intended to advance policy positions, the determinations on which properly belong to the other departments of government.

The judicial department shall not declare any act of the General Assembly unconstitutional or void on the basis of the amount of funds provided for a particular program;

The judicial department shall not construe any provision of this Constitution to permit a local government to grant civil rights entitlements to a class of persons unless authorized by the General Assembly; but courts shall recognize that if the General Assembly authorizes a local government to grant such entitlements to a class of persons based on other than race, color, religion, disability, familial status or national origin, birth, gender, or age, it shall only do so by enacting legislation which specifically identifies the allowable class of persons and entitlements which may be created and conferred.

The judicial department shall not allow a challenge to the constitutionality, validity, or application of any act of the General Assembly. (source)

When you consider the Kentucky 2004 Constitutional Amendment banning same-sex marriage, the proposed laws and Constitutional Amendments listed above, is it any wonder why we turn to the Judiciary to protect us (the Kentucky Court of Justice, headed by the Chief Justice of the Kentucky Supreme Court, with subordinate courts such as Drug Court, District Court, Family Court, Circuit Court, and the Kentucky Court of Appeals)?

Obviously, the majority cannot always be trusted to make responsible, moral decisions which is why Kentucky has three (3) Government Branches: Executive, Legislative, and Judicial.

Millions of soldiers have died (and continue to die everyday) to protect the "idea" that is this Republic; however, so long as conservatives walk all over the Constitution and deny all of her citizens equality, those solders have died defending a dream, not a reality. But they also died defending our right to demand and fight for equality; allow this entry to be a thank you for their sacrifice and bravery.

Special thanks to the students at Eastern Kentucky University and the Univeristy of Kentucky for contributing to this post.


Eric Schansberg said...

And then there's the JCPS, which forces kids to go to certain public schools on the basis of the color of their skin, despite strenuous efforts by those opposed to this injustice-- and by the Supreme Court.

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