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Printer-Friendly ModeGay judge blasts conservative peers
October 31, 2005 —
Michigan's first openly gay judge lectured on how extreme-conservative judges have overturned established legal precedents on Wednesday, Oct. 19. Judge Rudy Serra gave the lecture "The Myth of Strict Constructionists" in front of the Alan W. Ott Auditorium.
The Ferndale judge railed conservative judges, who he said are guilty of making, rather than interpreting, the laws to benefit far-right conservative allies.
The event was the third mutual event between the SVSU Gay-Straight Alliance and Perceptions, a mid-Michigan organization that supports the GLBT community.
Traditionally, a strict constructionist has been someone who follows the letter of the law and the Constitution word for word and only reads into the law what was originally intended. Serra said he believes that the recent wave of strict constructionism stemmed from the liberal activism of the 1960s, which sparked a legal backlash.
Serra explained that this judicial philosophy cannot be adequately used to interpret the Constitution, since the writers of the Constitution could not have envisioned many of our modernities, including the Internet and television. Serra also said that since the Supreme Court does not mention controversial social topics such as the death penalty, abortion, and gay rights, it does not mean that judges cannot read into what the Constitution implies, which is commonly understood as "loose construction."
Serra spent most of the lecture attacking the Michigan Supreme Court, which he believes panders to the whim of corporations and other business leaders. While the Court is technically nonpartisan, Serra argued that the Court has become too ideologically conservative, favoring corporations and insurance companies over the rights of ordinary citizens.
"Strict construction has the effect of constricting the courts' abilities," Serra said.
He added that the Court is overturning established laws in favor of fine-print ambiguities in insurance claims, which is benefiting large companies.
Most of these insurance cases are reversing decisions from lower courts; 28 cases were reversed by the Michigan Supreme Court from 1998-2002.
"The judiciary can be dangerous if it's guided by ideology, rather than the law," Serra said.
While strict constructionism is generally accepted in criminal cases, it is controversial in civil cases, according to Serra. He argued that since 1998, conservative activists have penetrated the Michigan Supreme Court, which has led to the degradation of personal rights.
He said that since 1999, the right to equal protection under the Constitution does not exist in state courts, due to the state Supreme Court's rulings. Today, the Michigan government can be immune from civil rights legislation, according to the Court, which makes it the first state to claim this distinction.
Serra said is unsure of the new Roberts' Supreme Court in Washington, D.C., however he believes it will likely continue the tradition of judicial conservatism prevalent under the Rehnquist Court. He also pointed out that he would like to be thought of as a good judge, not as a gay judge. But since he is the first openly gay judge in Michigan, he feels obligated to tack on that qualifier, much like the first African-American and women judges, who were not known simply as judges.