Marquette Warrior: Gay Lobby Favors Linda Clifford for State Supreme Court

Sunday, March 25, 2007

Gay Lobby Favors Linda Clifford for State Supreme Court

Via CAFFEINATED POLITICS, some insight on the judicial philosophy of liberal State Supreme Court candidate Linda Clifford, from the website of the gay lobby group Fair Wisconsin.

Both Supreme Court candidates were asked a variety of “litmus test” questions, such as “Do you have any friends or family who are LGBT” (lesbian, gay, bisexual or transgendered).

But they were also asked about their judicial philosophy. Clifford claimed hers to be as follows:
As a justice, I promise:
  • To uphold the rule of law, putting aside personal or political preferences;
  • To rely on legal precedent to promote legal stability, but not blindly, respecting the need for the slow evolution of the common law to reflect social, technological, or legislative change; and
  • To interpret and uphold legislative enactments to advance legislative intent--UNLESS those enactments violate civil liberties, constitutional rights, or fundamental freedoms or violate other constitutional or statutory provisions.

Then, I would have the courage to strike them down. That’s not activism; that’s not legislating from the bench. [emphasis in original]

Unfortunately it is legislating from the bench when you believe “civil liberties, constitutional rights, or fundamental freedoms” can mean pretty much what you want them to mean.

Highly revealing is Clifford’s naming of Wisconsin Chief Justice Shirley Abrahamson as one of the figures she wishes to emulate.

On the issue of gay marriage, Clifford clearly believes that Wisconsin’s Protection of Marriage Amendment violates the Federal 14th Amendment, based on a letter to the Wisconsin legislature that she signed.

So it’s pretty clear that in her world “civil liberties, constitutional rights, or fundamental freedoms” means “those policies that I really, really want.”

Thus the gay lobby is quite rational to support her. Having lost in November when they carried their case to the electorate, they naturally turn to the Court.

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