Judicial Tyranny at its Most Incoherent (Piazza and Act One)
Pulaski County Circuit Judge Christopher Piazza threw out Arkansas Initiated Act 1 on the grounds that it violated the Arkansas Constitution, Article Two sections 2 and 29. The act prohibited co-habiting couples from adopting children that they were not related to in the state of Arkansas. The act was approved by 57% of the people in the last election. The act itself was a response to a previous judicial order overturning the policy of the Child Welfare department banning practicing homosexuals from adopting children.
The judge in that case said that such a ruling could not be made by the department on its own authority, there would have to be a law authorizing that. But the judge hinted that if such a law was in existence, he might have to throw it out anyway. The sponsors of the act, Arkansas Family Council, decided to make the adoption ban apply to all co-habiting couples so as to avoid singling out banning homosexuals who co-habit. This broadening was done in part to appease the leftist judges who would rule on the case.
At the time, I objected to such appeasement, and thought the initiated act should have been a straight-out ban against practicing homosexuals using the power of the state to obtain access to other people’s children. My fears were confirmed. Attempts to appease judicial tyrants do not work any better than appeasement works to mollify the tyranny of any other class of tyrant. Rather, it only emboldens them to further acts of contempt for the populace. Piazza threw the law out anyway.
I know that examining questions of law can be tedious, but the details of his two page ruling are worth looking into. The most amazing thing about the ruling once one examines it is that it becomes obvious that Chris Piazza has a dangerous misunderstanding of what elementary legal concepts like “due process” and “equal protection” mean. Further, the sections of the Arkansas Constitution that he claims as support for his decision, Article Two sections 2 & 29, either don’t apply to the case (section two) or actually destroy his claims (section 29). My point here is that Piazza is both outrageously arrogant and appallingly ignorant. It is my guess that his ignorance is of the willful type rather than the sort that is correctable simply by an exposure to knowledge. In short, he could know better, but he chooses not to. Repentance, not education, is the only hope for those types and I believe that this is what we should pray for concerning Judge Piazza.
These are grave charges I have laid at the feet of the judge, and charges so serious should not be made against an authority unless one is willing to lay out in some detail as to why those claims are true. Please indulge me as I do so here. Since he ruled that there were no federal matters at stake in the case the Constitution he refers to is that of the state of....
(deconstruction of the ruling continued on the jump....)