Is America practicing Lex Rex or Rex Lex?
Rex is Latin for king. Lex is Latin for law. At one time the phrase was Rex Lex, which means the king is law. Whoever happened to find himself (or herself as occasional happened) in power, ruled their subjects free of any most constraints. An evil king ran the risk of outraging his subjects so much they rebelled, but an iron hand most often took care of that. Whatever the king decided, no matter how whimsical, was the law.
Then an idea spread. Lex Rex. The law is king. It was proposed that a system of laws be implemented that even the king was subject to. The idea took hold and in the mid 1700s America became the greatest illustration of that principle. And we've assumed we continue to hold to that. But do we?
From WorldNetDaily...
"Who would have believed that the Colorado state legislature and its governor would have made it fully legal for men to enter and use women's restrooms and locker-room facilities without notice or explanation?" said James Dobson, founder of Focus.
"Henceforth, every woman and little girl will have to fear that a predator, bisexual, cross-dresser or even a homosexual or heterosexual male might walk in and relieve himself in their presence," Dobson said....
But there's further possible mischief that can result from a ban on discrimination based on sexual orientation or "perception" when deciding "full and equal enjoyment of facilities, accommodations" and other factors, [Judicial Analyst for Focus on the Family, Bruce Hausknecht1] said.
Religious publishers, he acknowledged, could be accused under the law for publishing biblical condemnation of homosexuality. Colorado Springs, where Focus in located, also is home to the huge Christian publishing operations of NavPress and the International Bible Society.
"There are those who simply by publishing Christian materials could find themselves charged with a violation of this statute," he said.
Will the public restrooms for women in Colorado now be flooded with male perverts and peeping toms? It's unlikely, but what Focus on the Family is trying to point out is that by law, now, they are allowed to, and they will only be stopped by action of the police and judges contrary to the wording of that law. So is the law actually king in America? Apparently not. When the police can selectively enforce it and judges can whimsically "interpret" it, the law is subject to them, not the other way around.
More evidence can be seen for this in Massachusetts...
Massachusetts Gov. Duval Patrick has appointed lesbian activist and lawyer Maureen Monks as associate justice of the Middlesex Probate and Family Court, effectively ignoring a dissenting vote by the Massachusetts Governor's Council.
WND received official word from the court that Monks was sworn in and formally assumed her position Friday despite the council's recorded 4-4 vote denying confirmation. Monks is required to win 5 votes to be confirmed by the council.
Monks, 49, a member and co-chair of the Massachusetts Lesbian and Gay Bar Association, is an advocate for "gay" and women's rights. She has represented homosexuals pro bono for Gay and Lesbian Advocates and Defenders.
First the governor ignores the law to appoint someone to the bench. Second he appoints someone who obviously will be terribly biased in any decisions made, someone who will most assuredly be making the law her servant. Is the law king, or is the law a servant of those who've found themselves in power?
In Washington State...
The Washington Supreme Court has refused to review a lower court's decision that allows the mayor of Seattle to grant same-sex marriage benefits to employees of the city, in apparent conflict with the state's Defense of Marriage Act, which had been upheld by the same Supreme Court....
The state's Defense of Marriage Act, which was upheld by the Washington Supreme Court, requires that the state not recognize same-sex marriages from outside the state.
However, the mayor of Seattle issued an executive order in direct contradiction of the state law, instructing all city departments to recognize same-sex marriages from other jurisdictions now, including California, for the purposes of employee benefits.
The law is ignored by those in power. Rex Lex.
So we now find ourselves full circle, from being the greatest example of the application of the philosophy of Lex Rex to our elected officials confidently applying the principles of Rex Lex, each little king (governor, judge, police officer, etc.) inventing law as he or she goes. Is that what we want?
1Bruce Hausknecht received his J.D. from Northwestern University Law School, and is a member of the Colorado bar.
Posted by Danny Carlton at June 12, 2008 7:02 AM