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An attorney in northern Virginia is facing “severe” disciplinary measures from his employer after sending an email stating that he does not believe the U.S. Constitution contains a legal right to same-sex “marriage.”
Wally Kubitz, an intellectual property attorney for the law firm Becker and Poliakoff, responded to an email announcing that Clinton-appointed U.S. District Judge Robert Hinkle, struck down Florida's constitutional marriage protection amendment, saying it was “an obvious pretext for discrimination.”
The ruling stated that the Florida ban on same-sex “marriage” violates the 14th Amendment Due Process and Equal Protection clauses, Kubitz wrote. “However, there is not a shred of historical evidence that either of those clauses was ever intended to legitimize homosexuality.”
“Judge Hinkle and others like-minded have effectively amended the Constitution by judicial fiat,” he added.
After quoting the Bible, Kubitz wrote that moving away from traditional sexual morality caused “a significant increase in sexually transmitted disease over the past few decades, with the gay plague of AIDS being a classic example.”
Having hit “reply all” to the email, Kubitz's analysis went to the more than 170 lawyers and other employees at the firm's 19 offices nationwide. (See the full email below.)
The firm denounced his statement as “reprehensible” and “inappropriate,” saying it “would not be tolerated.”
“Gary Rosen, the firm’s Managing Shareholder and Richard Litman, the Managing Shareholder of the Northern Virginia office, have communicated clearly and directly to Mr. Kubitz that his rogue, disrespectful behavior is unacceptable and will not be tolerated at Becker & Poliakoff,” a statement said.
Punishment, the firm said, would be “immediate and severe.”
It is unclear what steps have been taken. Rosen said the email was “an internal matter” and the office had “no further comment” on the issue.
The blogosphere had a great deal to say about it.
Elie Mystal wrote on the website AbovetheLaw.com that the email constituted “stupid, bigoted, dumb—, hate-filled, verbal feces.”
“Is this 1982? Was this email written on a typewriter?” Mystal wrote. “Calling AIDS the 'gay plague' is a classic example all right – the classic example of something a rank idiot says.”
Government statistics show men who have sex with men (MSM) are by far the most likely group to contract, or spread, the AIDS virus.
“Gay and bisexual men remain at the epicenter of the HIV/AIDS epidemic,” says Jonathan Mermin, the director of the CDC's division of HIV/AIDS prevention. A CDC fact sheet added, “Men who have sex with men remain the group most heavily affected by HIV in the United States.”
The CDC found that 63 percent of all new AIDS infections in 2010 were among homosexual men. MSM make up 94 percent of all AIDS cases among young men. Yet the CDD reported last year that 62 percent of homosexual men who know they have AIDS continue to have sex without using a condom.
Nonetheless, Mystal said Kubitz's missive “isn’t an email about gay marriage. This is a freaking departure memo. Or at least it should be.”
The statement echoed the homosexual lobby's reaction to learning that any prominent figure opposes homosexual “marriage.” Mozilla CEO Brendan Eich was forced out of his position in part after it was revealed he donated to California's successful Proposition 8 campaign to protect traditional marriage.
Contact:
Gary Rosen, Managing Shareholder
George Burgess, Chief Operating Officer
[email protected]
Kubitz's email read in full:
Subject: New Decision: Same Sex Marriage (Brenner v. Scott)
Date: Mon, Aug 25, 2014 7:18 AM
The issue having been raised, permit me the liberty to reply, lest my usual silence be taken as assent.
Judge Hinkle says that the Florida ban on same-sex marriage violates the 14th Amendment Due Process and Equal Protection clauses. However, there is not a shred of historical evidence that either of those clauses was ever intended to legitimize homosexuality.
Judge Hinkle and others like-minded have effectively amended the Constitution by judicial fiat. This is a blatant usurpation of power reserved to the States and to the people in violation of the 10th Amendment. The better handling of the issue is as exemplified by Baker v. Nelson, 409 U.S. 810 (1972), in which the U.S. Supreme Court refused to overturn a Minnesota ban on same-sex marriage “for want of a substantial federal question.”
Adding insult to injury, Judge Hinkle invokes our founding fathers as though they would have approved of his ruling. Not so. In his 1796 farewell address then-president George Washington spoke of morality as being indispensable to our societal well-being.
Today’s reckless trashing of morality has been damaging on many fronts. For one, there has been a significant increase in sexually transmitted disease over the past few decades, with the gay plague of AIDS being a classic example.
We would do well to heed the Proverbs 11:21 warning of our ultimate Judge: “Though hand join in hand, the wicked shall not be unpunished.” In other words, popularity does not trump peril.
Homosexuality, clearly condemned throughout Scripture, is especially perilous in that it tends toward the “reprobate mind” as spoken of in Romans 1:18-32 that makes its participants all the more hardened in their ways. The message to the homosexual, as to all, is “Seek ye the LORD while he may be found . . .” (Isaiah 55:6).
Wally Kubitz