Tag Archives: California

Supreme Court overrules elected legislators and imposes new definition of marriage

Here’s an article from National Review by professor Hadley Arkes to make sense of the SCOTUS decision on same-sex marriage.

Excerpt:

These decisions, handed down by the Court today, affect to be limited in their reach, but they are even worse than they appear, and they cannot be cabined. They lay down the predicates for litigation that will clearly unfold now, and with short steps sure to come, virtually all of the barriers to same-sex marriage in this country can be swept away. Even constitutional amendments, passed by so many of the states, can be overridden now. The engine put in place to power this drive is supplied by Justice Kennedy’s “hate speech,” offering itself as the opinion of the Court in U.S. v. Windsor. Kennedy wrote for the Court in striking down Section 3 of the Defense of Marriage Act (DOMA), the part of the act that recognized as “marriage,” in federal law, only the union of a man and woman. In Kennedy’s translation, the Defense of Marriage Act showed its animus in its very title: The defense of marriage was simply another way of disparaging and “denigrating” gays and lesbians, and denying dignity to their “relationships.” As Justice Scalia noted so tellingly in his dissent, Kennedy could characterize then as bigots the 85 senators who voted for the Act, along with the president (Clinton) who signed it. Every plausible account of marriage as a relation of a man and woman can then be swept away, as so much cover for malice and blind hatred.

As Scalia suggested, that opinion can now become the predicate for challenges to the laws on marriage in all of the States. A couple of the same sex need merely go into a federal court and invoke Justice Kennedy’s opinion in the DOMA case (U.S. v. Windsor): The Supreme Court has declared now that a law that refuses to recognize same-sex marriage is animated by a passion to demean and denigrate. Any such law cannot find a rational ground of justification. As Kennedy had famously said in Romer v. Evans, those kinds of laws can be explained only in terms of an irrational “animus.”

That may be enough to have the laws and the constitutional provision overruled. But it gets even better if the state has a Democratic governor: For he may declare now that he will not enforce the constitutional amendment, for he thinks it runs counter to the federal Constitution. And by the holding today in the case on Proposition 8 in California (Hollingsworth v. Perry), the backers of the constitutional amendment will have no standing in court to contest the judgment. Constitutional amendments are meant to secure provisions that will not be undone by the shift in season from one election to another. But with the combination of these two cases today, any liberal governor can virtually undo a constitutional amendment on marriage in his state.

Here is another reaction from the Family Research Council.

Here’s a good article by Ryan T. Anderson, explaining how the redefinition of marriage really means the end of marriage. It also means the end of religious liberty. Make no mistake, this decision will force Christians to conduct same-sex wedding ceremonies on their property, whether they like it or not. That’s what is already happening in countries that legalized gay marriage.

I for one am surprised that so many people who call themselves Christian could have voted for a political party that has now ended marriage as we know it. I think that most people who vote for the Democrat party are motivated by the desire for their neighbor’s money – they voted for the party that gives them the most goodies. They decided to sacrifice the needs of children in order to keep the money from the welfare state flowing. I hope that this SCOTUS decision helps those who voted Democrat to understand that their true positions on issues like abortion and gay marriage. I am especially concerned with people who claim to believe in God and even claim to be Christians. When it came time to be counted, you voted for abortion and gay marriage. Your vote ensured that tiny little children would feel lost in the world, making it easier for them separated from their biological mother or their biological father. That’s assuming that the selfish grown-ups even allow them to be born at all.

I think the greatest condemnation will be reserved for the pious celebrity pastors who took great pride in not educating members of their churches about what gay marriage would really do. They were so proud about not having any reasons outside of the Bible to oppose same-sex marriage. They made sure that opposition to gay marriage, like opposition to abortion and Darwinism, would be dismissed as so much religious bigotry in the public square by non-Christians. Those fideistic pastors paved the way for gay marriage, by sheltering their flock from the arguments and evidence that would have been persuasive to non-Christians. I hope that when they are forced to perform gay marriages in their churches, that they’ll finally understand why research papers, studies and academic debates are more important than singing songs in church.

UPDATE: I have been advised by Sean G. that Proposition 8 is still the law in California after this ruling. This Breitbart article explains:

As of today, there is no appellate opinion (meaning an opinion issued by a court of appeals) against Prop 8. The Supreme Court refused to issue one, and threw out the only other one (the Ninth Circuit’s). There is only a trial court opinion. So every agency in California is legally bound to regard Prop 8 as binding law.

Since no one who wants to defend Prop 8 has standing to appeal rulings on it to the Ninth Circuit, there will never be such an opinion in the federal court system. So the only way to get an appellate opinion would be in the California state court system. So someone would have to file a lawsuit regarding Prop 8, and then appeal it to a California court of appeals and then maybe to the California Supreme Court. Only when one of those courts hold Prop 8 unconstitutional can the public officials in that state regard it as stricken from the books.

That litigation could take years. And in the meantime, supporters of traditional marriage can continue making the case for marriage.

So the outcome for Prop 8 is not as bad as the outcome for DOMA.

Hope: California set to offer college credit for online courses

There are forces in motion that could turn the tide against the secular left, and one of them is online education.

Excerpt:

A bill in California’s Legislature would force public colleges to award students credit for taking some outside online courses. It looks likely to pass, and its implications for higher education are vast.

A successful monopoly has an impregnable wall around some much-desired good, such as education, and controls the only door.

The higher education establishment in America has always operated this way. But cracks are starting to appear in its wall. A significant one opened this week.

On Wednesday, a bill was introduced in California’s state Senate to require public colleges to give students credit for online courses from outside providers.

If students can’t take an introductory or remedial class in the traditional way, they can turn to offerings from businesses such as Coursera, Udacity and StraighterLine, or the nonprofit EdX, a joint project of Harvard and MIT.

The bill looks likely to pass in some form.

[…]For the first time, colleges would have to offer credit for courses outside the academic establishment. As StraighterLine founder Burck Smith told the New York Times, “This would be a big change, acknowledging that colleges aren’t the only ones who can offer college courses.”

Up to now, online teaching could offer plenty of knowledge but not the credits leading to degrees.

Colleges could refuse to recognize the courses, and most did. That balance of power would shift if Steinberg’s bill becomes law.

That would be the start of real competition.

If online courses can teach more students just as well and cost the public less, the professors behind the walls will have to change their hidebound ways or lose more business to outsiders.

Either way, the public would be well served.

The faster we can disrupt the current higher education monopoly and focus students back on getting marketable skills at a reasonable price, the better off we’ll be. The financial crisis actually helps with this, because young people now have to be more serious about what they are choosing to study and how much they are paying to study. We have a chance here to turn the tide. It’s good news!

Democrat-run California now leads America in poverty rankings

From the Daily Caller, a story about what happens when you allow Democrats to dominate at every level of government for years and years and years.

Excerpt:

The Golden State has reached a poverty rate that is now twice as bad as West Virginia’s and substantially worse than the rates of poverty in Mississippi, Alabama, Arkansas and Texas, according to a new measure of poverty developed by the federal Census Bureau.

Democrat-run California earned its last-place rank under the federal government’s new measure of poverty, which incorporates more detailed analyses of welfare payments and the local costs of food, gasoline and housing. (View the new census data report)

The state’s costs are boosted by its environmental and workplace regulations, and by 38 million residents’ competition for housing close to the sea.

[…]Democratic California Gov. Gerry Brown’s office did not release a comment Nov. 15 about the new ranking, but did note that he would be attending a housing conference, the “Greenbuild International Conference and Expo,” in San Francisco Nov. 16.

[…]The report estimates that roughly 8.8 million people in California were poor during between 2009 and 2011, when Democrats controlled the state legislature and governorship, as well as the White House.

The stunning reversal in fortunes for the Democrat-dominated state — once a worldwide symbol of glitz and wealth — is underlined by previous census reports, which showed that only 11.1 percent of the state’s population was poor in 1969.

Only 13.7 percent of Americans were poor in 1969, and many of them were found in the agricultural states of the Old South. A third of Americans in Mississippi, and a quarter of Americans in Arkansas, Louisiana, South Carolina and Western Virginia, were poor.

Forty years later, after waves of federal and state regulations on housing, banking, health care and air quality, and amid increased financial aid for unmarried parents, youth, immigrants and unskilled people, the national poverty rate has climbed to 15.8 percent, according to the new Census Bureau measure.

The new measure supplants a poverty gauge developed in the 1960s. It incorporates the economic impact of welfare programs, transportation and child-care costs, changes in child-rearing practices — especially the impact of single parents raising kids — plus differences in the region’s average prices and health care costs.

The new ranking leaves California at the bottom, along with and close to the 23.2 percent poverty rate in the District of Columbia.

[…]The well-being of Californian children has also shriveled in recent decades, partly because of the state’s declining education sector, according to a July report by the Annie E. Casey Foundation.

California just voted to raise their state income tax. Because they do not understand economics. They do not ask how a policy impacts all people. They do not think beyond stage one. They do not learn from history and experience. Economics is just not what socialists *do*. The primary goal of the socialist is to demonize the other, to feel good about himself, and to project an image to others of being “nice” in order to be liked. When you elect narcissists like this, all you get is rhetoric, never results.

That rhetoric certainly seems to work on certain segments of the electorate – those who don’t follow current events and who don’t understand economics. The truth is that hard-headed capitalism, the rule of law, free trade and property rights, helps the poor more – by growing the economy so that the poor will have jobs. We need to learn as a nation that demonizing “the rich”, raising taxes and spending ourselves into enormous debt is not going to help the poor. Self-aggrandizing talk doesn’t help the poor.