"And what does the LORD require of you But to do justice, to love kindness, and to walk humbly with your God"
-- Micah 6:8

"The duty of the prosecutor is to seek justice, not merely to convict."
-- American Bar Association Standard 3-1.2(c)

"There may be a legitimate diversity of opinion even among Catholics about waging war and applying the death penalty, but not however with regard to abortion and euthanasia."
--Pope Benedict XVI, June 2004

Friday, March 10, 2006

California Supremes Rule for Child Molesters

Out on the left coast, the California Supreme Court has decided that the people of that state, speaking through their legislature, cannot make adults convicted of having oral sex with children register as sex offenders. Why? Well, the constitution forbids it! How? Well, the constitution guarantees "equal protection of the law" to citizens. You might recall that after the War Between the States, the problem existed of black citizens not being afforded the legal rights allowed to white citizens. The answer was the 14th Amendment, which made the states provide due process of law to all citizens and equal protection of the laws to all citizens.

What does that have to do with the people of California requiring child molesters to register as sex offenders? It seems that in California, molesters who "go all the way" with their victims and have intercourse do not have automatically to register as sex offenders. But those who have only oral sex with their victims do have to register automatically. This distinction in treating the two classes of offenders struck the California Supremes as somehow being a violation of equal protection of the law. For those who wonder how some modern jurists "reason," I'll explain: molesters who have intercourse don't have to register automatically, while molesters who have oral sex with their victims do have to register automatically. The People treat the two types of molesters differently. Different means unequal. Therefore oral molesters' equal protection rights are being violated!

Never mind that the People make such distinctions throughout the criminal code about how to treat different types of offenders. Here, the Supremes transparently thought the People shouldn't make the distinction, so they ruled that the People couldn't make the distinction, and came up with the flimsy legal window-dressing of the 14th Amendment (long the refuge of anti-democratic activist judges) to justify their action.

And lawyers wonder why they are held in contempt by normal people.


Anonymous said...

What about the rights of the children?? What about the rights for parents who would like to be forewarned that a pedophile lives in their neighborhood??
What the hell is the Supreme Court of California thinking??
And does this law mean that no matter HOW young the minor is,the pedophile doesn't have to register?
And if the pedophile indulges in anal sex with a minor..does said molester have to register then??
I've been to California and love it..but am VERY glad now that I don't live there..I have a minor child and live in an area where pedophilia is pedophilia..so all offenders have to register..
I'm done ranting..thanks for the post..

Anonymous said...

You failed your readers by not providing a link to the text of the decision. You have a sacred trust, and you blew it. I don’t think you read it, yourself.

Whatever the case, the legislature can fix the statute to make it constitutional, so no harm done. Had you read the decision you would know this.

To the above poster. The children do have “rights.” However, these rights must be protected by the legislature. The legislature cannot violate the constitution in doing so, however. If the constitution prevents the legislature from doing certain things that people consider fundamental to protecting children it can be changed. I have suggested this many times, but people do not care about children. Instead, the only constitutional amendments that came close to ratification in recent years dealt with gay marriage. SO, people don’t care about children. Also, if you talk about a judicial decision without reading it, you harm America more than any molester or terrorist ever could.

Faithmy said...

He's BACK!!!