Tag Archives: Court

News

Law professor uses same-sex marriage law to argue for legalizing polygamy

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From the Los Angeles Times.

Excerpt:

Jonathan Turley is probably not the most popular man right now with supporters of same-sex marriage. The George Washington University law professor has filed a suit challenging the constitutionality of Utah’s anti-polygamy laws — and his argument is based on a landmark 2003 Supreme Court gay rights decision. That’s not good news in the view of most gay rights supporters, who don’t want their cause linked to that of polygamists any more than they want to see parallels drawn with people who engage in incest, bestiality and other taboo sexual practices.

The Utah case involves Kody Brown, his legal wife, Meri Brown, and three other “sister wives.” It’s not actually about marriage, and it doesn’t challenge the right of the state to refuse to issue wedding licenses to polygamous families. The Browns are in court because they fear they will be prosecuted.

The 2003 gay rights case, Lawrence vs. Texas, was also a criminal matter unrelated to same-sex marriage. The court overturned the conviction of two men found to have violated a state law against same-sex sodomy. But in reaching that conclusion, Justice Anthony M. Kennedy offered a paean to intimate relationships defined by sexuality that easily can be transferred to the context of same-sex marriage, and potentially to polygamous marriages as well:

“The case does involve two adults who, with full and mutual consent from each other, engaged in sexual practices common to a homosexual lifestyle. The petitioners are entitled to respect for their private lives. The state cannot demean their existence or control their destiny by making their private sexual conduct a crime. Their right to liberty under the [Constitution’s] due process clause gives them the full right to engage in their conduct without intervention of the government.”

Kennedy emphasized in Lawrence that same-sex marriage wasn’t before the court. Similarly, in an interview with the New York Times, Turley suggested that decriminalizing polygamy will not inevitably lead to a movement for polygamous marriage.

This is what happens every time with liberal social policies like no-fault divorce, etc. First, offended victims of the mean, judgmental Christians are trotted out and sobbed over. Second, we are assured that de-criminalizing behaviors that the mean, judgmental Christians oppose will not hurt anyone. Third, Christians themselves abandon morality and support decriminalizing the behaviors because they they are more concerned about the sob stories of the “victims” than assessing the consequences of policy/law changes. Fourth, the predictable consequences of normalizing the behaviors are labeled as “unexpected” and require higher taxes and social programs to “fix”. It all starts with people who just don’t want to be told “no” – they just don’t like moral boundaries. And they don’t care who is harmed.

Commentary

Why the Violence Against Women Act (VAWA) should be rewritten

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Phyllis Schlafly explains. (H/T Ruth Blog)

Excerpt:

Ignoring the mountain of evidence that women initiate physical violence nearly as often as men, VAWA has more than 60 passages in its lengthy text that exclude men from its benefits. For starters, the law’s title should be changed to Partner Violence Reduction Act, and the words “and men” should be added to those 60 sections.

The law should be rewritten to deal with the tremendous problem of false accusations so that its priority can be to help real victims. A Centers for Disease Control survey found that half of all partner violence was mutual, and 282 scholarly studies reported that women are as physically aggressive, or more aggressive, than men.

Currently used definitions of domestic violence that are unacceptably trivial include calling your partner a naughty word, raising your voice, causing “annoyance” or “emotional distress,” or just not doing what your partner wants. The law’s revision should use an accurate definition of domestic violence that includes violence, such as: “any act or threatened act of violence, including any forceful detention of an individual, which results or threatens to result in physical injury.”

Women who make domestic violence accusations are not required to produce evidence and are never prosecuted for perjury if they lie. Accused men are not accorded fundamental protections of due process, not considered innocent until proven guilty, and in many cases, are not afforded the right to confront their accusers.

Legal assistance is customarily provided to women but not to men. Men ought to be entitled to equal protection of the law because many charges are felonies and could result in prison and loss of money, job, and reputation.

Feminist recipients of VAWA handouts lobby legislators, judges and prosecutors on the taxpayers’ dime (which is contrary toSection 1913 of Title 18, U.S. Code), and the results are generally harmful to all concerned. This lobbying has resulted in laws calling for mandatory arrest (i.e., the police must arrest someone; guess who), of the predominant aggressor (i.e., ignore the facts and assume the man is the aggressor), and no-drop prosecution (i.e., prosecute the man even if the woman has withdrawn her accusation or refuses to testify).

I think this is something that most people never even think about. But we could agree that violence against women is terrible, but still not endorse the feminist-inspired VAWA law as the solution to the problem.

News

Social liberal Mitt Romney refuses to sign pro-marriage pledge

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Mitt Romney is a RINO - Republican In Name Only
Mitt Romney is a RINO - Republican In Name Only

Socially liberal, fiscally moderate Mitt Romney refuses to sign a pro-marriage pledge.

Excerpt:

Last week, the Family Leader, a conservative pro-family group in Iowa, asked Republican presidential candidates to sign a pledge endorsing traditional marriage and other social issues. Michele Bachmann was the first to say she would sign it. Mitt Romney has decided not to. Tim Pawlenty hasn’t announced his decision.

That tells you something important about the battle for the Republican presidential nomination and the box in which Pawlenty now finds himself. Two months ago, he believed he was in a strong position to break out and become the principal alternative to front-runner Romney. Today he is trying to figure out how to prevent Bachmann from blocking his path.

[…]The calculus for Romney was the opposite, but not necessarily more difficult. Neither winning Iowa nor becoming the favored candidate of social and religious conservatives is part of his strategy for capturing the nomination or the presidency. He wants support from those values voters, but, as with others who have won the GOP nomination, he is not willing to pay any price to get it.

Here’s the pledge.

Naturally, Michele Bachmann was the first to sign it – because she is actually a social conservative.

Is Mitt Romney a social conservative?

Here’s a video of Mitt Romney expressing his social conservative credentials: (H/T Robb)

Just to refresh you, Mitt Romney also refused to sign the pro-life pledge authored by the Susan B. Anthony List. Michele Bachmann signed it, of course. Because Michele Bachmann is solid on social issues, and is a pro-life and pro-marriage activist. She doesn’t just make speeches – she has acted. It’s in her public record.

And of course Mitt Romney was praised by Al Gore for his global warming views. Seriously.

And Mitt Romney passed the Massachusetts equivalent of Obamacare, which is now way over budget. He’s not even a solid fiscal conservative.