Wednesday, February 19, 2014

Gay Marriage in Utah--Smugness Will Get You Nowhere BYU Professor Lynn D. Wardle

I was listening to the re-broadcast of Radio West with Doug Fabresio on the Gay Marriage battle going on in Utah. Among others, he interviewed BYU Professor Lynn D. Wardle--all sound and no fury signifying something just not anything of substance.

Now, I graduated from BYU law school. Other than the complaints I'd probably have about any law school, I must be quick to say that I loved my time there as far as what I learned, the foundation I was given and some of the students I met. I never had Professor Wardle but heard a lot about him. It makes sense. He thought he was the most important Professor on campus and he didn't disappoint in his interview we Doug.

He was dismissive, arrogant and like many who, instead of supporting views they have with sound arguments that can stand on their own outside of their religious beliefs, dress up their opinions with hallow but sophistic explanations that are almost meaningless. He would actually have been better served, if he just admitted that his opinion was based on his religious beliefs. Any way, BYU deserves better.

He called the agitation of the Gay community in Utah and their marriages as "Bush League." What the $!#$W!? Then he had this lame analogy--he stated that the advancement of racial equality was different than the equal protection clause arguments made by gay rights advocates because of the 13, 14 and 15th amendments and the great civil war fought to bring them about. What the !@^@$@!? He intimated that this is what established the right that black Americans had to bring constitutional challenges and establish their civil rights. Again, what the !$!#!!?

A short lesson. Before the civil war and the 13-15 amendments we already had the foundation for making the correct decisions regarding slavery and that was that all men are created equal--it's just that back then all three branches of government failed the American people, especially the Judiciary, and it took great people like Frederick Douglas, the abolitionists, and Abraham Lincoln to stand up for equal protection and equality under the law and it was only because of 60+ years of failure that it became necessary to pass the 13-15th amendments to set forth in no uncertain terms what should have been understood all along but was not.

Black Americans do not and did not have rights because of these amendments. They had inherent rights as all Americans from the very onset of our nation without the amendments and despite them, we, as a nation because of our weakness and failings had to acknowledge that we had been violating those rights and then commit to them paper. It is what we should have known all along. It's an embarrassment we needed the amendments to do the right thing.

While he may be right, he condescendingly asserted that Judge Shelby's ruling would be overturned and all the gay Utah marriages would be overturned. It doesn't bother me he said this but it was the way he said it. He doesn't know.

I guess what Professor Wardle suggests is that rights can only be recognized when their seeds have been nourished by the blood of over a half million souls and then codified in amendments before they are real. This is preposterous and I wish I could stand up in his class and declare a personal civil war therein to tell him the same.

http://radiowest.kuer.org/post/utahs-marriage-battle

Loren M. Lambert © January 7, 2014

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