In a move that further illustrates the American judiciary’s disinclination to be informed and constrained by the law; or sustain the presumption of integrity heretofore accorded the courts, a three judge panel of the Arizona Court of Appeals has ruled that historical events are no longer immutable. In reaching its conclusion, the court recognized documents that directly contradicted recorded historical events as well as claims asserted to the court.
Maricopa County Family Court Judge Douglas Gerlach denied Thomas Beatie a dissolution of marriage because Beatie failed to present evidence sufficient to persuade the court that the marriage was valid in the state of Arizona.
Arizona does not recognize marriages between persons of the same gender and Judge Gerlach equivocally stated that there was insufficient evidence that Beatie was a man at the time of of the nuptials.
In point of fact Thomas Beatie was born female and named Tracy Lehuanani Lagondino. Inasmuch as gender is biologically immutable; notwithstanding hormonal therapies and or anatomical alterations, there is no doubt that Tracy was never a male. Additionally, Tracy has thrice demonstrated that she retains the uniquely female biological ability to bear children leaving no doubt that gender is retained despite breast removal and facial hair induced by hormone therapy.
The Arizona Court of Appeals panel chose to exploit the ambiguity of Judge Gerlach’s ruling, i.e., his uncertainty of Tracy’s gender when married; by giving judicial note to a birth certificate reflecting that Tracy was born male, despite overwhelming evidence to the contrary. The court apparently substituted philosophy for fact.
It is this action by the court that holds promise for illegal immigrants. In giving deference to documentation conveying a fraudulent account (that Tracy was born male) of a duly recorded event (Tracy’s birth as a female); while also discounting three birth certificates that show Tracy three times gave birth subsequent to her alleged marriage to Nancy Roberts; which clearly establishes the union as a same gender marriage (ssm); it sets a precedent that could allow illegal immigrants to gain US citizenship simply by changing the place of birth reflected on their birth certificates.
If the court will allow a person to change one immutable aspect of their birth, it must concede all aspects as mutable. Further, as the corruption of the United States Supreme Court (scotus) permeates throughout the judiciary, Americans will have to consult the court, on a case by case basis just to determine what the law of the day is.
As long as Americans continue to vote for congress as though they were voting for their favorite American Idol, congress will continue to spend all of its time campaigning, fundraising and bickering while the judiciary solidifies its omnipotence; a direction in which scotus is preparing to take yet another step when it disenfranchises the voters of the state of Virginia in the same manor in which Vaughn Walker disenfranchised the voters of California.
Ironically Blacks are preoccupied with fighting changes to the Voting Rights Acts while the courts subvert the voting rights of all Americans; whose numbers might soon be increased by more than ten million thanks to the Arizona court of appeals.