JUDGE CAN'T BEAT PEOPLE'S WILL IN CIVIL RIGHTS INITIATIVE.
Byline: Joe Gelman
WE are free from the oppressive, bizarre, discriminatory rulings of San Francisco San Francisco (săn frănsĭs`kō), city (1990 pop. 723,959), coextensive with San Francisco co., W Calif., on the tip of a peninsula between the Pacific Ocean and San Francisco Bay, which are connected by the strait known as the Golden U.S. District Judge Thelton Henderson Thelton Eugene Henderson (born 1933, Shreveport, Louisiana) is currently a federal judge in the Northern District of California. He has played an important role in advancing civil rights as a lawyer, educator, and jurist. and his ACLU ACLU: see American Civil Liberties Union. cronies. Free from the lies and misrepresentations that have managed to tie up the California Civil Rights Initiative in courts for the past six months.
Going well beyond what supporters and opponents of Proposition 209 predicted, a randomly chosen, three-judge panel of the United States United States, officially United States of America, republic (2005 est. pop. 295,734,000), 3,539,227 sq mi (9,166,598 sq km), North America. The United States is the world's third largest country in population and the fourth largest country in area. 9th Circuit Court of Appeals has not only unanimously proclaimed Proposition 209 to be constitutional but it has reasserted the basic American principle that all individuals are to be treated equally by our government, without regard to race, sex, color, ethnicity or national origin.
The ruling was sweeping in its scope and will have a profound impact on California and the nation as a whole.
``Civil rights'' groups are stunned. With the passage and now judicial confirmation of the constitutionality of Proposition 209, suddenly the affirmative action affirmative action, in the United States, programs to overcome the effects of past societal discrimination by allocating jobs and resources to members of specific groups, such as minorities and women. racial and gender preference programs that they have been so enthusiastically promoting for years are deemed discriminatory and illegal in the largest state in the union.
The meaning of equality in California has been redefined, sending a bullet through the very heart of Proposition 209 opponents' belief systems.
Professional promoters of nondiscrimination non·dis·crim·i·na·tion
1. Absence of discrimination.
2. The practice or policy of refraining from discrimination.
non and equality have now been, by default, judged to be major promoters of discrimination and inequality themselves, not only by a majority of California's electorate but by a legal panel of federal judges.
This is an ironic reality that they will find exceedingly hard to swallow.
Over the years, ``civil rights'' organizations have drifted far from the original mission of the civil rights movement, which was the quest for Verb 1. quest for - go in search of or hunt for; "pursue a hobby"
quest after, go after, pursue
look for, search, seek - try to locate or discover, or try to establish the existence of; "The police are searching for clues"; "They are searching for the race-neutral equality before the law Noun 1. equality before the law - the right to equal protection of the laws
human right - (law) any basic right or freedom to which all human beings are entitled and in whose exercise a government may not interfere (including rights to life and liberty as well as , and genuine integration. When the idea of group rights began to be emphasized over principles of individual rights, the movement began its long slide into the moral abyss.
By the late '70s, the movement had been literally hijacked, taken hostage by intolerant professional radicals, who promptly turned it into a whining racial and gender grievance industry. An industry whose primary function became to engender a sense of victimization victimization Social medicine The abuse of the disenfranchised–eg, those underage, elderly, ♀, mentally retarded, illegal aliens, or other, by coercing them into illegal activities–eg, drug trade, pornography, prostitution. and helplessness into large segments of our population, with an inherent political and financial interest in heightening race and gender consciousness and tension, instead of lowering that consciousness and tension.
Naturally, these ``helpless victims'' would need somebody to ``represent'' them. Enter the contemporary professional, shrill, affirmative-action-promoting ``civil rights'' activists, who view the world strictly from the prism of race, gender and class. In the past few decades, these activists have managed to institutionalize in·sti·tu·tion·a·lize
To place a person in the care of an institution, especially one providing care for the disabled or mentally ill.
in racial tension in America and turn it into a profitable industry.
Jesse Jackson Noun 1. Jesse Jackson - United States civil rights leader who led a national campaign against racial discrimination and ran for presidential nomination (born in 1941)
Jesse Louis Jackson, Jackson , Al Sharpton Alfred Charles "Al" Sharpton Jr. (born October 3, 1954) is an American Baptist minister and political, civil rights, and social justice activist. In 2004, Sharpton was a candidate for the Democratic nomination for the U. S. presidential election. , Benjamin Chavis and Louis Farrakhan Louis Farrakhan (born Louis Eugene Walcott, May 11, 1933), is the acting head of the Nation of Islam (NOI) as the National Reprensentative of Elijah Muhammad. He is well-known as an advocate for African American interests and a critic of American society. are only some of the names associated with that industry, but the reality is that there are literally thousands of professional ``activists,'' with titles like ``diversity consultant,'' who are milking the system and working hard to maintain it.
From the very first day, the small group of people who established the political campaign to undo affirmative action preferences in California made it their mission to strike a massive blow against the entrenched en·trench also in·trench
v. en·trenched, en·trench·ing, en·trench·es
1. To provide with a trench, especially for the purpose of fortifying or defending.
2. and corrupt ``civil rights'' establishment, for the principle of true equality.
The idea was to re-establish the original intent of the 1964 Civil Rights Act, and to liberate the term ``civil rights'' from the radical hostage takers.
The language of Proposition 209, which was tightly written by two academics in Northern California Northern California, sometimes referred to as NorCal, is the northern portion of the U.S. state of California. The region contains the San Francisco Bay Area, the state capital, Sacramento; as well as the substantial natural beauty of the redwood forests, the northern , Dr. Tom Wood and Dr. Glynn Custred, was extracted directly, almost word for word, from the 1964 Civil Rights Act. As in the 1964 Civil Rights Act, discrimination is prohibited. But they also added that granting preferential treatment is prohibited as well, thus closing the legal loophole that justified preferential affirmative action programs based on race and gender.
Even though many appeals are expected, and it might be a little longer before actual enactment, we can safely begin to view the golden state as a racial and gender ``preference-free zone.'' Liberated from the shackles of the victimizing quota-mongers and their supporters in the press, who have for years categorized us, and divided us by our race and gender .
All California citizens will finally be equal before the law, all could apply to the public university of their choice, apply for a job with a public institution, or seek a government contract, without having to worry about some state quota bureaucrat manning the doors and deciding who will enter and who will not, based on skin color or chromosome count.
The principle of advancement by merit, a term mostly hated by the left, has been legally confirmed as our state's guiding principle when it comes to civil rights.
Another, just as important principle has been re-established as well and that is that ``we the people'' are in control of our constitutional democracy.
California citizens have for too long now tolerated a reality in which their will has been repeatedly undermined by an excessively activist judiciary.
And Judge Thelton Henderson is the king of that kind of judicial activism Noun 1. judicial activism - an interpretation of the U.S. constitution holding that the spirit of the times and the needs of the nation can legitimately influence judicial decisions (particularly decisions of the Supreme Court)
broad interpretation . He is one of the most overturned judges in the entire United States. Fortunately, he was overturned once again. He received what amounted to an unprecedented stinging rebuke from 9th Circuit Court of Appeals Judge Diarmuid O'Scannlain Diarmuid Fionntain O'Scannlain (born 1937, New York City) is a judge on the United States Court of Appeals for the Ninth Circuit. His chambers are located in Portland, Oregon. , who stated that:
``A system which permits one judge to block with the stroke of a pen what 4,736,180 state residents voted to enact as law, tests the integrity of our constitutional democracy. If the federal court were to decide what the interests of the people are in the first place, judicial power would trump self-government as the general rule of our constitutional democracy.''
O'Scannlain then went on to explain that ``impediments to preferential treatment do not deny equal protection,'' as Henderson had tried to establish. ``As a matter of conventional equal protection analysis, there is simply no doubt that Proposition 209 is constitutional . . . We must conclude that, as a matter of law, Proposition 209 does not violate the United States Constitution.''
That Judge Henderson and his ACLU friends shamelessly tried to invalidate the will of the electorate with twisted and cynical arguments in the first place was an insult to our intelligence and a slap in the face of California voters. Henderson literally tried to reverse the results of a free and democratic election, and he got called on it.
The California Civil Rights Initiative, or Proposition 209, is not only constitutional and morally correct, but it will very soon be the law. Expect 209 opponents, like the southern segregationist seg·re·ga·tion·ist
One that advocates or practices a policy of racial segregation.
segre·ga bullies of old, to continue to engage in every low-down tactic in the book in an effort to get around the law. We must confront them at every turn.
The issue of civil rights in America is far too important to leave to the irresponsible, self-appointed ``civil rights'' establishment.