Tag Archives: Judge

Should government get out of the marriage business?

Dr. Jennifer Roback Morse
Dr. Jennifer Roback Morse

Here are three articles by Jennifer Roback Morse posted at The Public Discourse. The articles answer the charge from social liberals and libertarians that government should “get the government out of marriage”.

Here’s the first article which talks about how government will still be involved in marriage, even if we get rid of the traditional definition of marriage, because of the need for dispute resolution in private marriage contracts. She uses no-fault divorce as an example showing how it was sold as a way to get government out of the divorce business. But by making divorce easier by making it require no reason, it increased the number of disputes and the need for more government intervention to resolve these disputes.

Here’s the second article which talks about how the government will have to expand to resolve conflicts over decisions about who counts as a parent and who gets parental rights. With traditional marriage, identifying who the parents are is easy. But with private marriage contracts where the parties are not the biological parents, there is a need for the state to step in and assign parental rights. Again, this will require an expansion of government to resolve the disputes.

Here’s the third article which talks about how marriage is necessary in order to defend the needs and rights of the child at a time when they cannot enter into contracts and be parties to legal disputes.

The third article was my favorite, so here is an excerpt from it:

The fact of childhood dependence raises a whole series of questions. How do we get from a position of helpless dependence and complete self-centeredness, to a position of independence and respect for others? Are our views of the child somehow related to the foundations of a free society? And, to ask a question that may sound like heresy to libertarian ears: Do the needs of children place legitimate demands and limitations on the behavior of adults?

I came to the conclusion that a free society needs adults who can control themselves, and who have consciences. A free society needs people who can use their freedom, without bothering other people too much. We need to respect the rights of others, keep our promises, and restrain ourselves from taking advantage of others.

We learn to do these things inside the family, by being in a relationship with our parents. We can see this by looking at attachment- disordered children and failure-to-thrive children from orphanages and foster care. These children have their material needs met, for food, clothing, and medical care. But they are not held, or loved, or looked at. They simply do not develop properly, without mothers and fathers taking personal care of them. Some of them never develop consciences. But a child without a conscience becomes a real problem: this is exactly the type of child who does whatever he can get away with. A free society can’t handle very many people like that, and still function.

In other words I asked, “Do the needs of society place constraints on how we treat children?” But even this analysis still views the child from society’s perspective. It is about time we look at it from the child’s point of view, and ask a different kind of question. What is owed to the child?

Children are entitled to a relationship with both of their parents. They are entitled to know who they are and where they came from. Therefore children have a legitimate interest in the stability of their parents’ union, since that is ordinarily how kids have relationships with both parents. If Mom and Dad are quarreling, or if they live on opposite sides of the country, the child’s connection with one or both of them is seriously impaired.

But children cannot defend their rights themselves. Nor is it adequate to intervene after the fact, after harm already has been done. Children’s relational and identity rights must be protected proactively.

Marriage is society’s institutional structure for protecting these legitimate rights and interests of children.

I recommend taking a look at all three articles and becoming familiar with the arguments in case you have to explain why marriage matters and why we should not change it. I think it is important to read these articles and to be clear that to be a libertarian doctrine does not protect the right of a child to have a relationship with both his or her parents.  Nor does libertarianism promote the idea that parents ought to stick together for their children. Libertarianism means that adults get to do what they want, and no one speaks for the kids.

The purpose of marriage is to make adults make careful commitments, and restrain their desires and feelings, so that children will have a stable environment with their biological parents nearby. We do make exceptions, but we should not celebrate exceptions and we should not subsidize exceptions. It’s not fair to children to have to grow up without a mother or father just so that adults can pursue fun and thrills.

Democrat senator imposes religious test to disqualify Trump judicial nominee

Court of Appeals nominee Neomi Rao
Court of Appeals nominee Neomi Rao

If you listened to the state of the union on Tuesday night, you heard about some very good results that the Trump administration has produced. I disagreed with some of his policies, especially the infrastructure spending. But one thing Trump has done wasn’t emphasized enough: nominating conservative judges.

Unfortunately for Trump, the Democrats are doing everything they can to block his judicial nominations. And they are even trying to discredit them because of their religious convictions.

The Daily Signal reports:

The Senate Judiciary Committee on Tuesday held its first judicial confirmation hearing of the year for Neomi Rao, who is President Donald Trump’s nominee for the vacancy left by new Supreme Court Justice Brett Kavanaugh on the U.S. Court of Appeals for the D.C. Circuit.

[…]The daughter of Indian immigrants, Rao is a graduate of Yale University and the University of Chicago Law School. After graduation, she clerked for Judge J. Harvie Wilkinson on the U.S. Court of Appeals for the 4th Circuit and for Thomas on the Supreme Court.

She then served in the White House Counsel’s Office under President George W. Bush and on the Senate Judiciary Committee as counsel to then-Chairman Orrin Hatch, R-Utah.

Since 2006, Rao has been a faculty member at the Antonin Scalia Law School at George Mason University, where she focused on administrative and constitutional law.

Sounds like a pretty good resume. And she is conservative, too. Republicans need to nominate conservative women and conservative visible minorities in order to destroy the false narrative pushed by the secular left that Republicans are “racist” and “sexist”. And it’s for exactly that reason – to preserve their false narrative – that Democrats attack female and minority conservatives the hardest.

Here are some of the attacks against Rao:

Several senators brought up an article Rao wrote about date rape while she was an undergraduate at Yale. In the article, she suggested that women should take measures to avoid becoming victims.

Sens. Patrick Leahy, D-Vt., and Kamala Harris, D-Calif., both implied that Rao was placing the blame on victims rather than on rapists. Rao clarified—several times—that she was simply advocating commonsense steps young women on campus could take to avoid becoming a victim. Chief among them is not excessively drinking alcohol.

It’s the same advice her mother gave her, she said, and it’s what she tells her children today. Rao clearly stated that the blame for a horrendous crime such as rape always lies with the perpetrator and never with the victim.

So now, telling women to be responsible with alcohol consumption is a disqualification for being nominated as a judge. Because you can’t give women any advice about how to live wisely – that’s “anti-women”. It’s anti-women to warn women about the possible consequences of their choices? Democrats say it is.

PJ Media reports on some especially troubling questioning from Cory “I’m Spartacus” Booker.

Here’s the video:

Here’s the text:

Booker seized on Rao’s 2008 article opposing the Supreme Court decision Lawrence v. Texas, which decriminalized homosexual activity. He then directly asked her, “Are gay relationships in your opinion immoral?”

“I am not sure the relevance of that,” Rao responded.

“Do you think gay relationships are immoral?” he continued.

“I do not,” Rao said.

“Do you believe they are a sin?” Booker pressed.

“My personal views on any of these subjects are things I would put to one side,” the nominee said.

“So you’re not willing to say whether you believe it is sinful for a man — for two men — to be married?” the senator pressed once again.

“No,” Rao responded.

“Excuse me?” Booker said.

“My response is that these personal views are ones that I would put to one side. Whatever my personal views are on the subject, I would faithfully follow the precedent of the Supreme Court,” the nominee said.

Disgusting. It’s like the Spanish Inquisition, except from the secular left. Democrats think that if you are a religious Jew, Muslim or Christian, then the Democrats don’t thin that you can serve effectively as a judge. The only morality that is acceptable to them is based on secularism and leftism. And this happened in America, where we the right to be religous in our Constitution.

Senator Ted Cruz came to the defense of Rao:

Cruz said:

The Senate Judiciary Committee should not be a theater for mischaracterizing or twisting nominees’ records or views. Nor should it be an avenue for persecution.

We’ve seen a growing pattern among Senate Democrats of hostility to religious faith. I have to say I was deeply troubled a few minutes ago to hear questioning of a nominee, asking your personal views on what is sinful.

In my view that has no business in this committee. Article Six of the Constitution says there should be no religious test for any public office. We have also seen Senate Democrats attack what they have characterized as religious dogma. We’ve seen Senate Democrats attack nominees for their own personal views on salvation.

I don’t believe this is a theological court of inquisition. I think the proper avenue of investigation is a nominee’s record. So Ms Rao, let me talk about your record. Let me ask you about your actual record, which is what this committee should be looking at, not our own personal religious views or your religious views, whatever they may be.

Remember since isn’t the first time this has happened – they did the same thing with Amy Barrett, telling her that her Catholic dogma was unacceptable in a judge.

Should government get out of the marriage business?

Dr. Jennifer Roback Morse
Dr. Jennifer Roback Morse

Here are three articles by Jennifer Roback Morse posted at The Public Discourse. The articles answer the charge from social liberals and libertarians that government should “get the government out of marriage”.

Here’s the first article which talks about how government will still be involved in marriage, even if we get rid of the traditional definition of marriage, because of the need for dispute resolution in private marriage contracts. She uses no-fault divorce as an example showing how it was sold as a way to get government out of the divorce business. But by making divorce easier by making it require no reason, it increased the number of disputes and the need for more government intervention to resolve these disputes.

Here’s the second article which talks about how the government will have to expand to resolve conflicts over decisions about who counts as a parent and who gets parental rights. With traditional marriage, identifying who the parents are is easy. But with private marriage contracts where the parties are not the biological parents, there is a need for the state to step in and assign parental rights. Again, this will require an expansion of government to resolve the disputes.

Here’s the third article which talks about how marriage is necessary in order to defend the needs and rights of the child at a time when they cannot enter into contracts and be parties to legal disputes.

The third article was my favorite, so here is an excerpt from it:

The fact of childhood dependence raises a whole series of questions. How do we get from a position of helpless dependence and complete self-centeredness, to a position of independence and respect for others? Are our views of the child somehow related to the foundations of a free society? And, to ask a question that may sound like heresy to libertarian ears: Do the needs of children place legitimate demands and limitations on the behavior of adults?

I came to the conclusion that a free society needs adults who can control themselves, and who have consciences. A free society needs people who can use their freedom, without bothering other people too much. We need to respect the rights of others, keep our promises, and restrain ourselves from taking advantage of others.

We learn to do these things inside the family, by being in a relationship with our parents. We can see this by looking at attachment- disordered children and failure-to-thrive children from orphanages and foster care. These children have their material needs met, for food, clothing, and medical care. But they are not held, or loved, or looked at. They simply do not develop properly, without mothers and fathers taking personal care of them. Some of them never develop consciences. But a child without a conscience becomes a real problem: this is exactly the type of child who does whatever he can get away with. A free society can’t handle very many people like that, and still function.

In other words I asked, “Do the needs of society place constraints on how we treat children?” But even this analysis still views the child from society’s perspective. It is about time we look at it from the child’s point of view, and ask a different kind of question. What is owed to the child?

Children are entitled to a relationship with both of their parents. They are entitled to know who they are and where they came from. Therefore children have a legitimate interest in the stability of their parents’ union, since that is ordinarily how kids have relationships with both parents. If Mom and Dad are quarreling, or if they live on opposite sides of the country, the child’s connection with one or both of them is seriously impaired.

But children cannot defend their rights themselves. Nor is it adequate to intervene after the fact, after harm already has been done. Children’s relational and identity rights must be protected proactively.

Marriage is society’s institutional structure for protecting these legitimate rights and interests of children.

I recommend taking a look at all three articles and becoming familiar with the arguments in case you have to explain why marriage matters and why we should not change it. I think it is important to read these articles and to be clear that to be a libertarian doctrine does not protect the right of a child to have a relationship with both his or her parents.  Nor does libertarianism promote the idea that parents ought to stick together for their children. Libertarianism means that adults get to do what they want, and no one speaks for the kids.

The purpose of marriage is to make adults make careful commitments, and restrain their desires and feelings, so that children will have a stable environment with their biological parents nearby. We do make exceptions, but we should not celebrate exceptions and we should not subsidize exceptions. It’s not fair to children to have to grow up without a mother or father just so that adults can pursue fun and thrills.

J. Warner Wallace explains and defends the doctrine of Hell in five podcasts

I have a key that will unlock a puzzling mystery
I have a key that will unlock a puzzling mystery

Straight talk on the doctrine of Hell from cold case homicide detective J. Warner Wallace.

Number 1:

In the wake of Rob Bell’s new book, “Love Wins,” many people are beginning to question the nature and existence of Hell and how exactly God decides who must go there. For many, the idea that our temporal, finite sin on earth should deserve an eternal punishment of infinite torment in hell is ridiculously inequitable. Why would God torture infinitely those who have only sinned finitely? Jim addresses this objection and answers listener email.

The MP3 file is here.

Number 2:

A loving God would never create a place like Hell, would He? Any God that would send people to a place of punishment and torment is unloving by definition, right? In this podcast, Jim responds to these foundational objections to the existence of Hell. In addition, Jim comments on the Harris / Craig debate and answers listener email related to hearing God’s voice.

The MP3 file is here.

Number 3:

In this podcast, Jim answers the objection that God would send people like Gandhi to Hell (simply because they are not Christians) alongside people like Hitler (who have committed unspeakable atrocities). How can a reasonable and just God be the source of such inequitable punishment? Also Jim answers listener email related to the power of prayer, the importance of evidential apologetics and the grounding for objective morality.

The MP3 file is here.

Number 4:

Isn’t it unfair for God to penalize people who are otherwise good, just because they haven’t heard about Jesus? A good God would not send good people to Hell. Jim responds to this objection and answers listener email related to the Craig/Harris debate, pre-existing mythologies that are similar to Jesus, and the difficult, exclusive nature of “election”.

The MP3 file is here.

Number 5:

If God is all-loving, why doesn’t he “reform” people rather than simply “punish” them in Hell? Skeptics sometimes argue that a God who simply punishes his children in Hell is a sadistic and vengeful God, unworthy of our worship. Jim responds to this objection and answers listener email related to the nature of “election”, the evidence for “annihilationism”, and a political quote related to same sex marriage.

The MP3 file is here.

Good listening to help you defend a doctrine that is very unpopular with people who think God should be their cosmic butler.

Should government get out of the marriage business?

Dr. Jennifer Roback Morse
Dr. Jennifer Roback Morse

Here are three articles by Jennifer Roback Morse posted at The Public Discourse. The articles answer the charge from social liberals and libertarians that government should “get the government out of marriage”.

Here’s the first article which talks about how government will still be involved in marriage, even if we get rid of the traditional definition of marriage, because of the need for dispute resolution in private marriage contracts. She uses no-fault divorce as an example showing how it was sold as a way to get government out of the divorce business. But by making divorce easier by making it require no reason, it increased the number of disputes and the need for more government intervention to resolve these disputes.

Here’s the second article which talks about how the government will have to expand to resolve conflicts over decisions about who counts as a parent and who gets parental rights. With traditional marriage, identifying who the parents are is easy. But with private marriage contracts where the parties are not the biological parents, there is a need for the state to step in and assign parental rights. Again, this will require an expansion of government to resolve the disputes.

Here’s the third article which talks about how marriage is necessary in order to defend the needs and rights of the child at a time when they cannot enter into contracts and be parties to legal disputes.

The third article was my favorite, so here is an excerpt from it:

The fact of childhood dependence raises a whole series of questions. How do we get from a position of helpless dependence and complete self-centeredness, to a position of independence and respect for others? Are our views of the child somehow related to the foundations of a free society? And, to ask a question that may sound like heresy to libertarian ears: Do the needs of children place legitimate demands and limitations on the behavior of adults?

I came to the conclusion that a free society needs adults who can control themselves, and who have consciences. A free society needs people who can use their freedom, without bothering other people too much. We need to respect the rights of others, keep our promises, and restrain ourselves from taking advantage of others.

We learn to do these things inside the family, by being in a relationship with our parents. We can see this by looking at attachment- disordered children and failure-to-thrive children from orphanages and foster care. These children have their material needs met, for food, clothing, and medical care. But they are not held, or loved, or looked at. They simply do not develop properly, without mothers and fathers taking personal care of them. Some of them never develop consciences. But a child without a conscience becomes a real problem: this is exactly the type of child who does whatever he can get away with. A free society can’t handle very many people like that, and still function.

In other words I asked, “Do the needs of society place constraints on how we treat children?” But even this analysis still views the child from society’s perspective. It is about time we look at it from the child’s point of view, and ask a different kind of question. What is owed to the child?

Children are entitled to a relationship with both of their parents. They are entitled to know who they are and where they came from. Therefore children have a legitimate interest in the stability of their parents’ union, since that is ordinarily how kids have relationships with both parents. If Mom and Dad are quarreling, or if they live on opposite sides of the country, the child’s connection with one or both of them is seriously impaired.

But children cannot defend their rights themselves. Nor is it adequate to intervene after the fact, after harm already has been done. Children’s relational and identity rights must be protected proactively.

Marriage is society’s institutional structure for protecting these legitimate rights and interests of children.

I recommend taking a look at all three articles and becoming familiar with the arguments in case you have to explain why marriage matters and why we should not change it. I think it is important to read these articles and to be clear that to be a libertarian doctrine does not protect the right of a child to have a relationship with both his or her parents.  Nor does libertarianism promote the idea that parents ought to stick together for their children. Libertarianism means that adults get to do what they want, and no one speaks for the kids.

The purpose of marriage is to make adults make careful commitments, and restrain their desires and feelings, so that children will have a stable environment with their biological parents nearby. We do make exceptions, but we should not celebrate exceptions and we should not subsidize exceptions. It’s not fair to children to have to grow up without a mother or father just so that adults can pursue fun and thrills.