Fri, May 16, 2008 3:47pm MST

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Complaining about CA same-sex marriage ruling and "liberal activist judges," KHOW's Caplis omitted that Republicans appointed six of state's seven high court justices

Summary: Dan Caplis of 630 KHOW-AM claimed that the Supreme Court of California's ruling striking down the state's same-sex marriage ban was "a tremendous gift to John McCain" because it "will force people to focus on the reality" of "liberal activist judges." But Caplis failed to mention that Republican governors appointed all but one of the court's seven justices.

On his May 15 630 KHOW-AM broadcast, co-host Dan Caplis asserted that the decision that day by the Supreme Court of California to overturn the state's ban on same-sex marriage was "a tremendous gift to John McCain, and therefore, I think, a gift to America," adding that it would spotlight "liberal activist judges." Caplis later claimed that "everybody knows that conservative [judicial] appointees are not gonna create some constitutional right to gay marriage." In fact, Republican governors appointed six of the seven California Supreme Court justices.

In addition, Caplis echoed Republican talking points in suggesting that the court's decision "[e]ssentially strip[s] our democracy of any real meaning, because these judges are unelected, they're essentially unimpeachable, they're unaccountable." In fact, while California Supreme Court justices are appointed by the governor, voters must confirm the appointments. As elected officials, the judges are also subject to recall.

From the May 15 broadcast of 630 KHOW-AM's The Caplis & Silverman Show:

CAPLIS: That California Supreme Court ruling, a tremendous gift to John McCain, and therefore, I think, a gift to America, because it will force people to focus on the reality of activist judges -- liberal activist judges who are going to, if they're put in a position to, decide every major issue of the day. Essentially stripping our democracy of any real meaning, because these judges are unelected, they're essentially unimpeachable, they're unaccountable. But they're going to decide these issues that should be decided at the ballot box by inventing constitutional rights. So, thank you, California Supreme Court. And you know, folks can say, well, Barack Obama says he's not for gay marriage, et cetera, but he's certainly for liberal activist judges. And everybody knows that conservative appointees are not gonna create some constitutional right to gay marriage, and the vast majority of people in America, including a majority of Democrats, are opposed to gay marriage.

In suggesting that "liberal activist judges" were responsible for California's same-sex marriage ruling, Caplis failed to point out that Republican governors appointed all but one of the seven justices serving on the state's supreme court: Gov. George Deukmejian (R) appointed Associate Justices Joyce L. Kennard and Marvin R. Baxter; Gov. Pete Wilson (R) appointed Associate Justices Kathryn Mickle Werdegar and Ming W. Chin and Chief Justice Ronald M. George; and Gov. Arnold Schwarzenegger (R) appointed Associate Justice Carol A. Corrigan. Only Associate Justice Carlos R. Moreno was appointed by a Democrat, Gov. Gray Davis.

A May 16 Los Angeles Times article reported, "The 4-3 ruling declared that the state Constitution protects a fundamental 'right to marry' that extends equally to same-sex couples." The Times also noted that George wrote the majority opinion, "joined by Justices Joyce L. Kennard, Kathryn Mickle Werdegar and Carlos R. Moreno. All but Moreno were appointed by Republican governors."

Contrary to Caplis' suggestion that California Supreme Court judges are "unelected," "unimpeachable," and "unaccountable," the California Supreme Court's website states, "One Chief Justice and six associate justices are appointed by the Governor and confirmed by the Commission on Judicial Appointments. The appointments are confirmed by the public at the next general election; justices also come before voters at the end of their 12-year terms." Moreover, California Supreme Court justices may be removed from office through the state's recall procedures.

—C.H. & J.F.B.

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Contact information:

Dan Caplis
email: dancaplis@clearchannel.com

630 KHOW-AM
4695 S. Monaco Street
Denver, CO 80237
Main phone: (303) 713-8000
E-mail: E-mail form

Kris Olinger, AM programming, Clear Channel Denver - krisolinger@clearchannel.com
303-713-8480

Lee Larsen, Clear Channel Denver market manager - leelarsen@clearchannel.com
303-713-8400

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Issues / Media Tags Help
Issue:
Civil and Human Rights
Sub-Issue:
LGBT Issues
Topic:
Marriage/Civil Unions
Personality:
Dan Caplis
Show/Publication:
Caplis and Silverman Show
Network/Publisher:
630 KHOW-AM
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