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News

Liberal 9th Circuit Court of Appeals rules traditional marriage unconstitutional

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Here’s the news from Big Government.

Excerpt:

Today, the 9th Circuit upheld the absurd ruling of Judge Vaughn Walker of the U.S. District Court of the Northern District of California, striking down Proposition 8, the voter-approved constitutional amendment that would uphold traditional marriage in the state. The ruling itself was highly political and in no way legally oriented. “Proposition 8 serves no purpose, and has no effect, other than to lessen the status and human dignity of gays and lesbians,” wrote the Court, “and to officially reclassify their relationships and families as inferior… the Constitution simply does not allow for ‘laws of this sort.’”

National Review assesses the decision to overrule the will of the people with the feelings and intuitions of two judges.

Excerpt:

2. For [Judge] Reinhardt, “‘marriage’ is the name that society gives to the relationship that matters most between two adults.” (P. 37.) The right to marry that the state supreme court conferred on same-sex couples “symbolize[d] state legitimization and social recognition of their committed relationships.” (P. 5.)

Notice what’s missing from Reinhardt’s description? Any recognition that the very institution of marriage arose and exists in order to encourage responsible procreation and childrearing.

3. On pages 56-63, Reinhardt does confront the argument that Prop 8 advances California’s interest in procreation and childrearing, but his analysis is badly flawed:

a. Reinhardt first undertakes to address the argument that “children are better off when raised by two biological parents and that society can increase the likelihood of that family structure by allowing only potential biological parents—one man and one woman—to marry.” But he somehow finds it dispositive that Prop 8 “had absolutely no effect on the ability of same-sex couples to become parents or the manner in which children are raised in California.” What he utterly ignores is that it is eminently reasonable to believe that the less marriage is centered around the concerns of responsible procreation and child-raising, the less well marriage will serve those goals. That’s an elementary lesson about mission confusion.

The redefinition of marriage to encompass same-sex couples fatally severs the link between marriage and procreation. That’s why Reinhardt has to misdescribe marriage (see point 2).

Over at Caffeinated Thoughts, Shane has the reactions from the two social conservatives still running in the Republican primary.

Excerpt:

Rick Santorum while campaigning in Missouri today said:

Today’s decision by the 9th Circuit is another in a long line of radical activist rulings by this rogue circuit – and it is precisely why I have called for that circuit to be abolished and split up. Marriage is defined and has always been defined as ‘one man and one woman.’ We simply cannot allow 50 different definitions of marriage.

The people of California spoke clearly at the ballot box that they wanted marriage defined in the traditional manner of one man and one woman. And for a court, any court, to usurp the power and will of the people in this manner on an issue this fundamental to the foundation of our society is wrong.

We need to have a Judicial Branch that acts within its Constitutional bounds. We need to have a President that is willing to stand up to the Judiciary. We need to have a President who will fight to protect marriage once and for all with a federal marriage amendment. I am committed to being that President.

Newt Gingrich blasted today’s decision as well:

With today’s decision on marriage by the Ninth Circuit, and the likely appeal to the Supreme Court, more and more Americans are being exposed to the radical overreach of federal judges and their continued assault on the Judeo-Christian foundations of the United States.

I was drawn back into public life by the Ninth Circuit’s 2002 decision that held that the words “under God” in the Pledge of Allegiance were unconstitutional. Today’s decision is one more example that the American people cannot rest until we restore the proper rule of the judicial branch and bring judges and the Courts back under the Constitution.

The Constitution of the United States begins with “We the People”; it does not begin with “We the Judges”. Federal judges need to take heed of that fact.

Federal judges are substituting their own political views for the constitutional right of the people to make judgments about the definition of marriage.

Ben Shapiro thinks that defending marriage will be a winning issue in the general election for Republicans.

Excerpt:

President Obama has been able to elude the question of same-sex marriage overall. His slippery rhetoric indicates that he’s pro-civil unions but anti-same sex marriage but is “evolving.” This ruling will force him to take a side. He will likely attempt to suggest that this is a decision best left to the courts, but he’s never taken that position before – see, for example, campaign finance reform. It’s unlikely that the gay community or the religious community will allow him to get away with that.

If Obama is forced to answer for his position on same-sex marriage, he will be in serious trouble come election time. He is already suffering from low approval ratings among religious groups, and just this week he alienated Catholics with the Health and Human Services announcement that birth control coverage would be required from Catholic employers. Minority voters, especially Latinos and blacks, are anti-same sex marriage as a rule (which is why Prop. 8 passed in the first place – many blacks showed up to vote for Obama in California and voted in favor of traditional marriage at the same time).

While the press likes to complain about the right wing on social issues, the fact remains that same-sex marriage is not a popular movement in key states for Obama. In Florida, for example, 53% believe that same-sex marriage should not be legal, as compared to 37% who believe it should be; in Ohio, that split is 53% to 33%; in Pennsylvania, it’s 51% to 38%. Overall, Americans are moving in the direction of same-sex marriage (a Pew poll showed that Americans now approve same-sex marriage by a 46-44 margin), but older people and nonwhites are particularly against it (just 39% of nonwhites support same-sex marriage). In short, this is not a winning issue for Obama.

I think Rick Santorum is more persuasive than Newt Gingrich on the marriage issue, because marriage is Santorum’s core. He forms his economic policy around marriage and parenting. Mitt Romney actually has a record of opposition to traditional marriage. Ron Paul has a record of opposition to traditional marriage. Neither of them could be counted on to defend traditional marriage at the federal level.

My secular case against same-sex marriage is here, in case you find yourself debating the issue.

Podcasts

Is Eugenie Scott right? Are there no peer-reviewed papers supporting ID?

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The video above is discussed in this must-hear podcast, featuring Casey Luskin.

The MP3 file is here.

Details:

On this episode of ID The Future, Casey Luskin puts to rest once and for all the common assertion by opponents of intelligent design that there are no scientific papers supporting the claims of ID. This wasn’t true in 2005 when Eugenie Scott of the NCSE stated it on MSNBC and it certainly isn’t true six years later. Luskin discusses the most recent scientific paper, by Stephen Meyer and Paul Nelson, and talks about the importance of the peer-reviewed scientific literature: “These papers collectively make a case that intelligent causation is necessary to produce the sort of biological complexity that we are discovering in the cell today.”

If you listen to the podcast, Luskin goes over some of the recent peer-reviewed papers that support ID. But much more importantly, he proves that Eugenie Scott is a liar. She is literally caught in a lie in the video above. She claims that there are no peer-reviewed papers that support ID. Stephen Meyer cites a peer-reviewed paper that he authored. Eugenie Scott claims that the paper does not mention ID. Casey Luskin reads from the paper. The paper explicitly supports ID. Eugenie Scott lied in order to defend her religion of naturalism from the scientific publication that falsifies it.

Here’s an excerpt from the paper that Eugenie Scott claims doesn’t support intelligent design:

Does neo-Darwinism or any other purely materialistic model of morphogenesis account for the origin of the genetic and other forms of CSI necessary to produce novel organismal form? If not, as this review has argued, could the emergence of novel information-rich genes, proteins, cell types and body plans have resulted from actual design, rather than a purposeless process that merely mimics the powers of a designing intelligence? The logic of neo-Darwinism, with its specific claim to have accounted for the appearance of design, would itself seem to open the door to this possibility. Indeed, the historical formulation of Darwinism in dialectical opposition to the design hypothesis (Gillespie 1979), coupled with the neo-Darwinism’s inability to account for many salient appearances of design including the emergence of form and information, would seem logically to reopen the possibility of actual (as opposed to apparent) design in the history of life.

And:

Yet it is precisely for this reason that current advocates of the design hypothesis want to reconsider design as an explanation for the origin of biological form and information. This review, and much of the literature it has surveyed, suggests that four of the most prominent models for explaining the origin of biological form fail to provide adequate causal explanations for the discontinuous increases of CSI that are required to produce novel morphologies. Yet, we have repeated experience of rational and conscious agents–in particular ourselves–generating or causing increases in complex specified information, both in the form of sequence-specific lines of code and in the form of hierarchically arranged systems of parts.

And:

There is a third reason to consider purpose or design as an explanation for the origin of biological form and information: purposive agents have just those necessary powers that natural selection lacks as a condition of its causal adequacy. At several points in the previous analysis, we saw that natural selection lacked the ability to generate novel information precisely because it can only act after new functional CSI has arisen. Natural selection can favor new proteins, and genes, but only after they perform some function. The job of generating new functional genes, proteins and systems of proteins therefore falls entirely to random mutations. Yet without functional criteria to guide a search through the space of possible sequences, random variation is probabilistically doomed. What is needed is not just a source of variation (i.e., the freedom to search a space of possibilities) or a mode of selection that can operate after the fact of a successful search, but instead a means of selection that (a) operates during a search–before success–and that (b) is guided by information about, or knowledge of, a functional target.

And the conclusion:

An experience-based analysis of the causal powers of various explanatory hypotheses suggests purposive or intelligent design as a causally adequate–and perhaps the most causally adequate–explanation for the origin of the complex specified information required to build the Cambrian animals and the novel forms they represent. For this reason, recent scientific interest in the design hypothesis is unlikely to abate as biologists continue to wrestle with the problem of the origination of biological form and the higher taxa.

Those are just a few excerpts.

According to Eugenie Scott, this paper “doesn’t mention intelligent design”. She is a liar.

In listening to this podcast, it really struck me how proponents of evolution must lie in order to defend their religion – the religion of naturalism. You would think that the refutation of naturalism by the Big Bang cosmology would cause these naturalists to abandon the religion of naturalism, and be open to the reality of non-material intelligent causation. But it’s not the case. Naturalists must necessarily oppose the progress of science. They oppose the Big Bang cosmology. They oppose the cosmic fine-tuning. They oppose origin of life research. They oppose the fossils found in the Cambrian explosion. They oppose findings showing the high requirements for habitable galaxies, solar systems and planets.

It’s a case of religion versus science. The speculations of a blind-faith religion against the experimental results of scientific research. The anti-ID people have the religion of naturalism to defend, and the pro-ID people have the science.  One side is willing to lie about nature, and the other side tells the truth about nature.

If you missed it, my previous post noted how the list of pro-ID peer-reviewed papers is now up to 50.

Podcasts

The return of the Life Training Institute podcast

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Unborn baby scheming about the new LTI podcast
Unborn baby scheming about the new LTI podcast

The LTI podcast features a pro-life look at news, law and policy.

You can grab the MP3 file here. (30 minutes)

Topics:

  • Susan G. Komen and Planned Parenthood
  • HHS forces religious organizations to cover contraception
  • Evangelicals and political engagement
  • Barack Obama: women need abortion in order to be equal
  • what does the Bible say about abortion?
  • do people have intrinsic value?

This podcast does not discuss how Susan G. Komen backed away from their decision to not fund Planned Parenthood after the mainstream media put pressure on them to continue funding the largest abortion provider in the United States. But the LTI  guys are smart – they were skeptical about giving money to Susan G. Komen even after the initial announcement.  Also note that one of the nice things about Scott Klusendorf is that he is an evangelical Christian – not a Roman Catholic. So it’s nice to see an evangelical Christian taking the lead on moral issues – it makes me proud to be an evangelical. Evangelical men ought to be as well informed about moral issues as they are about politics, science and foreign policy.

Susan G. Komen and Planned Parenthood

Mary sent me a story on the Susan G. Komen Foundation that analyzes how they are linked to Planned Parenthood from the Wall Street Journal. It’s by Robbie George of Princeton, so you have to read it!

Excerpt:

The Susan G. Komen Foundation, an organization dedicated since 1982 to fighting, and one day curing, breast cancer, decided to extricate itself from the culture wars by discontinuing grants to Planned Parenthood, the nation’s largest provider of abortions. The grants Komen had been making amounted to $650,000 last year, funding some 19 local Planned Parenthood programs that offered manual breast exams but only referrals for mammograms performed elsewhere.

The reality is that Planned Parenthood—with annual revenues exceeding $1 billion—does little in the way of screening for breast cancer. But the organization is very much in the business of selling abortions—more than 300,000 in 2010, according to Planned Parenthood. At an average cost of $500, according to various sources including Planned Parenthood’s website, that translates to about $164 million of revenue per year.

So how did Planned Parenthood and its loyal allies in politics and the media react to Komen’s efforts to be neutral in the controversy over abortion?

Faced with even the tiniest depletion in the massive river of funds Planned Parenthood receives yearly, the behemoth mobilized its enormous cultural, media, financial and political apparatus to attack the Komen Foundation in the press, on TV and through social media.

The organization’s allies demonized the charity, attempting to depict the nation’s most prominent anti-breast cancer organization as a bedfellow of religious extremists. A Facebook page was set up to “Defund the Komen Foundation.” In short, Planned Parenthood took breast-cancer victims as hostages.

Komen’s leaders had good reason to believe their organization could disintegrate under Planned Parenthood’s assault. On Friday the charity issued a statement “apologizing to the American public for recent decisions that cast doubt upon our commitment to our mission of saving women’s lives.” The statement assured Planned Parenthood’s supporters that, like any other organization, it is eligible to apply for grants in the future.

I think the bottom line is this. There are plenty of non-Christians giving money to causes like this. If you are a Christians, you’re much better off giving your money to an organization like Life Training Institute. At the very least, you should all buy “The Case for Life”, which is the best  small book on pro-life apologetics.

By the way, I blogged on the previous LTI podcast here. That one was from March 2010. I hope they make more of these regularly.