Sunday, March 27, 2011

The Danger of Executive Prerogative: Wisconsin and Domestic Partnerships

         Today, Governor Walker of Wisconsin announced that he would be firing the current lawyer who is defending the states Domestic Partnership law. According to the lawyer who has been fired, he is surprised that it has taken this long since,
"Gov. Walker is ideologically opposed to equal rights for gay and lesbian and transgendered people as is everyone in his administration as far as I can tell and they will be probably want to take steps to ensure that gay and lesbian and transgendered people do not have equal rights"
       This my friends, is why I have never been one to rejoice when Gov. Schwarzenegger, President Obama, or any other federal/state executive has unilaterally decided to not defend a law (or defend a law in a mediocre fashion).  Though the past few times, the strategy has worked for the LGBT community, but now our logic and the precedent that it has set, is biting us in the butt. I'm sure that the same people that have been happy with Obama's actions regarding DOMA will be the first to hypocritically  reproach Governor Walker for his actions.

       When the defense of law is based upon ones personal opinion, or ones own beliefs, the law itself becomes worthless. When a governor can unilaterally decide to stop defending a pro-gay or an anti-gay law just because he doesn't like it cheapens the very reason that we have laws - to provide order and stability in society. When personal opinion is interjected, law then becomes subjective to where you live; a concept not really disposed to effective government.
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