Thursday, March 19, 2009

Quote Mining Will Now Be Referred to As Pulling a Fitz

fitz, opine, stupid, asshat, quote mining, gay, marriage, tradition, children, iowa, homophobia, homosexual, prop 8,
We will now refer to quote mining as "pulling a Fitz". In case you've missed my running argument with Fitz from the Opine Editorials, here it is. In this argument, Fitz, who is a lawyer and really ought to know better, pulls quotes from Varnum v. Brien. Being a bigoted Opiner, Fitz of course is trying to prove that gays shouldn't be allowed near children, gay marriage ruins straight marriage, and gays should get back into the closet and stay there this time, damnit!

Cute, but Fitzy, I'd like to see you pull this shit in front of a judge.

Fitzy's comment to Efficacy and Reasoning.

I really wish you were more knowledgeable about the state of this debate. Honest & Goodwill arguments have ceded many points relevant to both sides in this argument. Perhaps if you use some of the link I referenced before you can go beyond the blanket assertions of professional organizations regarding the state of the science & approach the level of sophistication exercised by leading (goodwill) opponents on either side.

. . .

Declaration of Alan J. Hawkins as Expert Witness for Defendant at 8–9, Varnum v. Brien, No. CV 5965 (Iowa Dist. Ct. Mar. 15, 2007),

. . .

The Iowa State Court had noted that those advocating for same-sex “marriage” did not dispute, and frankly offered no evidence to contradict, two salient findings:

1. "Social science literature demonstrates the children who are reared by a married natural mother and father have more positive outcomes in a wide variety of important factors compared to children in other adequately studied family structures- including single parent families, adopted families, step families, divorced families and the like (note – Courts, social scientists & advocates of same-sex “marriage” themselves concede that same-sex families have not been adequately studied so that solid conclusions can be made)”

*2. "Children reared in a stable natural married family are likely to do better on various measures of educational attainment; exhibit fewer behavioral problems, including conduct disorders, alcohol and drug abuse, and juvenile delinquency; will not be as likely to engage in criminal behavior as adults; engage in sexual relations as teenagers, and to experience an unwed pregnancy; have a decreased risk for mental/emotional illness; have a decreased risk of physical illness and infant mortality; experience decreased risk of suicide; have a greater life expectancy; likely to benefit from high levels of parental investment, commitment, and closeness (particularly with their fathers); be victims of physical and sexual abuse; experience higher levels of family stability as adults, including a decreased divorce risk."Your opinion on this matter will be quite telling.

It will tell me whether I am arguing with someone persuadable by evidence, or someone who (as you assert) is more like those “bigots” you seem so readily to impute on any opposition.

Here's the thing: The Iowa Court found IN FAVOR of same sex marriage. Yes, in the same case that Fitzy cites to argue against same sex marriage.

Varnum v. Brien, page 62

It Is Therefore Ordered, Adjudged, and Decreed as follows:
I. Plaintiffs' motion for summary judgment is GRANTED and Defendant's
opposing motion for summary judgment is DENIED.

2. Iowa Code §595.2(1) is hereby nullified, severed and stricken from Iowa
Code Chapter 595.

3. All remaining provisions ofIowa Code Chapter 595 are to be interpreted in a
gender-neutral manner so as not to exclude couples ofthe same sex from
eligibility for a marriage license.

4. Defendant is hereby enjoined from refusing to issue marriage licenses to
Plaintiffs or any other same-sex couples who a) are otherwise eligible for said
licenses pursuant to Chapter 595 as amended and interpreted by this order,
and b) who properly apply for such licenses.

5. Court costs are hereby taxed to Defendant.

Dated this 30th day ofAugust, 2007.

Way to pull a fitz, Fitz.


  1. Hey, he's most recently tried the "I know you are but what am I" defense on my blog.

  2. is he a real lawyer, or just playing one on Tv?

    i mean, really, has he proven his lawyerhood?

    i guess... silver lining - if he really is a lawyer thn he'll probably end up in hell lol

    (no i still don't believe in hell, it was joke)

  3. He says he's a lawyer. I haven't seen any proof of this, but I'll take him at his word.

    Thing is, the partners fired an associate at the firm I work for for doing exactly what Fitz was doing in this situation- trying to use arguments from a case that was decided in the opposite way. Hello? Does he not know how precedents work? If the argument failed the first time, you don't try it again. At least, not in front of a judge.

    I'm very insulted that he can't be bothered to put at least half the effort into his blog writing as he should be putting into his Court documents.

  4. I...
    maybe this isn't his area of law? i keep running to business lawyers or estate lawyers who try to lecture me on criminal law (one of my majors is political science, which everyone but me uses as Pre-Law, so we get a LOT of lectures on legal issues. not that i am any sort of lawyer - but i know the difference between estate law, civil law and criminal law. it seems many lawyers do NOT)

    it IS insulting for him to do that. i am sorry he's being such a total dick :(

  5. oh, hey also:
    my bestest friend is a legal secretary :)
    you are like her opposite clone: she is very Christian (recovering fundy) and you are atheist; she is very shy, you are not; she is very not willing to argue, and you seem to have an illegal amount of fun arguing (a vice i share!) and so on and so on...

    she is going to Pittsburg next month to see RENT. i know you live somewhere in PA. so when she told me (and invited me) i thought of you. i probably can't go, but it was nice to think of sharing a cup of Chai with you and mocking fundies in person :)


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