Mirror of Justice

A blog dedicated to the development of Catholic legal theory.
Affiliated with the Program on Church, State & Society at Notre Dame Law School.

Wednesday, May 21, 2014

"High legal threshold," indeed.

Pennsylvania Governor Tom Corbett, darling of some Republicans I know, has publicly refused to appeal yesterday's decision by the Hon. John E. Jones, III, striking down Pennsylvania's law recognizing marriage as limited to opposite-sex couples.  Mr. Corbett is running for office, of course, so he assures us that the reason for his dereliction of the same office is "the high legal threshold set forth by Judge Jones in this case."  High legal threshold?  Does Judge Jones make the law?  (Judge Jones's opinion reads like a C+ final exam in sophomore Judicial Opinion Writing, but that's another matter).  Ironically, Judge Jones flatters himself by likening his own judicial (prophetic?) behavior to that of the Supreme Court in Brown v. Board of Education, which he (erroneously) claims overruled Plessy v. Ferguson.  Would Governor Corbett have lived (campaigned?) by a mere District Court decision on the wrong side of the race issue?  In any event, Corbett, recently shown grinning and shaking hands with Pope Francis, assures us that "[a]s a Roman Catholic, the traditional teaching of my faith has not wavered."  Who in the world wondered whether Corbett's dismal failure could cause the teaching of the Church to "waver[]."  Who cares about Corbett's "private" faith that apparently has so little public punch?  Ahh, the Republicans!


Brennan, Patrick | Permalink