The rainbow road to judicial lawlessness

There’s always been a pot of gold for those willing to abuse power for the rainbow lobby.

I am a 30-year conservative Christian veteran of the scorched-earth global LGBT culture war against natural family values and the Bible. I’ve worn many hats in my career, including that of a constitutional law attorney. On Feb. 10, 2004, I happened to be in San Francisco to depose officials of the City of Oakland in my lawsuit against the town for discrimination against my clients: two African-American Christian women whose employment with the city had been threatened for trying to form a Good News Employee Association as a workplace alternative to the Gay and Lesbian Employee Association. I wrote about that case here.

By “chance” (i.e. divine providence) that was the day newly elected San Francisco Mayor Gavin Newsom held a press conference to stage the then-most audacious act of gay pandering in American history: He declared himself unilaterally authorized to legalize “gay marriage” in San Francisco by executive order.

Newsom became an instant political sensation on the hard left with that stunt, which everyone on both sides of the political aisle knew was a totally lawless act of grandstanding. My law partner and I filed a Writ of Mandamus to declare it invalid, which was denied, but only because the court had other means of invalidating Newsom’s order, which it did. Newsom didn’t care because it earned him the financial backing of the deep-pocketed LGBT political class – which later propelled him to the California governor’s office. He tried to recreate that event in June of 2024 to win the Democrat nomination for president, but got out-maneuvered by his partner in the 2004 event, Kamala Harris.

I scheduled my break in the depositions to be able to attend Newsom’s press conference. It was, of course, a media circus, but I managed to squirm my way into the venue just far enough to see Newsom at the podium flanked and backed by his various flunkies. I can’t say for certain, but I think that was my first glimpse of newly minted SF District Attorney Harris – elected just like Newsom two months prior. At some point over the next few days, perhaps even that day, Harris personally officiated one of the many illegal same-sex unions there at City Hall.

Here’s a little political background on the Newsom/Harris duo. Willie Brown was mayor of San Francisco from 1996-2004 and termed out.

Gavin Newsom inherited both the mayor’s office and Kamala Harris from Brown in the municipal elections of Nov. 4, 2003. Newsom was Brown’s “political protégé” while Harris was the septuagenarian’s 20-something former(?) arm-candy-with-benefits. Her gift from the Brown political patronage machine was the office of San Francisco district attorney.

What’s most important in this story, however, is the phenomenon of rank lawlessness in service to the normalization of LGBT behavioral disorders by highly compensated non-homosexual (or closeted) culture-war mercenaries. In my observation, this factor may be the most common denominator in all the stories of LGBT political conquest worldwide for the past half-century – including the massive trove of LGBT victories orchestrated by the Clintons and Barack Obama, who were funded to the hilt by “gay” money-bundlers like Terry Bean. Remember that Hillary gave her infamous MAGA “deplorables” speech at an LGBT Gala in NYC, the key takeaway being that the worst “deplorables” the left must destroy are opponents of the LGBT agenda.

Let’s segue now to the seemingly unrelated but ideologically connected breaking story of the new major leak scandal at the U.S. Supreme Court.

In summary, the Daily Caller article “‘Worse Than The Dobbs Leak’: Court Watchers Point To Supreme Court’s Liberal Wing As Likely Culprit Behind Latest Leak” suggests that Elana Kagan is the leaker, and I tend to agree. The leak pertains to internal communications about the Trump immunity cases, but the real story is abandonment of judicial ethics by court insiders to serve leftist politics.

Elena Kagan is no less a political opportunist and beneficiary of gender-class affirmative action than Kamala Harris. While Harris slept her way to power in San Francisco, Kagan leveraged her Manhattan family connections to rise through the Democrat ranks. She entered Obama’s orbit in 1991, helped Ruth Bader Ginsburg get confirmed to SCOTUS while a Senate aide, then, rising that same wave of female political empowerment, was appointed the first female dean of Harvard Law – where the LGBT agenda reigns supreme. (To that latter point, read about my experience debating criminal justice reform there as a gubernatorial candidate in 2014.)

Harris and Kagan are both just hard left political assets with a law degree and an unshakable commitment to the LGBT agenda. When Kagan (with no prior judicial experience) joined Ginsburg on the high court they tag-teamed as officiants in separate same-sex “marriages” during the pendency of the Obergefell v. Hodges case, the worst breach of judicial ethics in the history of the Supreme Court. This was far worse than anything the conservative justices have been accused of in recent months by the same partisans who applauded the Obergefell travesty. And no one but me (with a protest sign in front of the courthouse) publicly clamored for their recusal for that! (Of course, the “gay marriage” Kagan performed was for her own law clerk and his male partner.)

There is nothing more sacrosanct in our judiciary than the expectation of all parties to a presumption of impartiality by the justices deciding their case regardless of their personal views – but, once again, advancing LGBT normalization trumped every other consideration, even the integrity of the court. Compared to that, leaking internal confidences about the Trump cases to the New York Times is kid stuff.

The rule of law will not survive in America so long as we allow power-hungry people to get away with trading their ethics for a grab at the pot of gold at the end of the rainbow. There must be accountability. For Harris that would mean a massive election defeat in November. For Kagan (if she truly is the leaker) that would mean impeachment during Trump’s next term.

Scott Lively

Scott Lively is an attorney, pastor, human rights consultant and missionary with service in more than 50 countries. He is the author of eight books including "Redeeming the Rainbow," a textbook on pro-family advocacy and opposition to the LGBT agenda, and his most recent work "The Prodigal Son Prophecy: God's Amazing Plan for the Restoration of the Two Hebrew Houses and the Salvation of the Gentiles." All of Scott's books are offered freely in PDF and/or video form at his website https://www.scottlively.net/subscribe/. He can also be reach by email at [email protected]. Read more of Scott Lively's articles here.


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