Tag Archives: Same-Sex Marriage

Jennifer Roback Morse explains the California lawsuit against Prop 8

Great post by the admirable Dr. Jennifer Roback Morse on MercatorNet. (H/T RuthBlog)

Excerpt:

California’s high-profile federal lawsuit against Proposition 8, which begins in court on January 11, appears to be about creating a federal case for same sex marriage. But in fact, much more is at stake. Lurking in the shadows of this case is a breathtaking expansion of judicial interference with perfectly valid elections. Whatever your views about Proposition 8, we surely should be able to agree that special interest groups can’t go into court to overturn elections they don’t like.

Ted Olsen and David Boies want to convince the court that the alleged anti-gay bias of Proposition 8 supporters should invalidate the election. But first, they have to find some such bias. This is why Olsen and Boies sought the trial court’s permission to demand confidential campaign documents. They want free reign to rummage around through the Prop 8 campaign’s computers and filing cabinets, looking for evidence of this supposed meanness. The trial judge had ruled that Prop 8 proponents had no First Amendment privilege, and therefore had to hand over all communications among members of the campaign and their contractors.

[…]The motives of the seven million Californians who voted Yes on 8 are irrelevant. The election was about adding 14 words to the California Constitution. The entire state of California knew perfectly well what those words were. The point of the campaign was to discuss the likely impact of those words. Olsen and Boies don’t like what the voters decided. Sorry. Self-government is about abiding by the results of lawful elections, whether you like the outcome or not.

And here is an op-ed by former Attorney General Ed Meese III in the New York Times. (H/T The Corner)

Excerpt:

Most troubling, Judge Walker has also ruled that the trial will investigate the Proposition 8 sponsors’ personal beliefs regarding marriage and sexuality. No doubt, the plaintiffs will aggressively exploit this opportunity to assert that the sponsors exhibited bigotry toward homosexuals, or that religious views motivated the adoption of Proposition 8. They’ll argue that prohibiting gay marriage is akin to racial discrimination.

To top it all off, Judge Walker has determined that this case will be the first in the Ninth Circuit to allow cameras in the courtroom, with the proceedings posted on YouTube. This will expose supporters of Proposition 8 who appear in the courtroom to the type of vandalism, harassment and bullying attacks already used by some of those who oppose the proposition.

The tolerance of the secular left. I hope some of my readers who believe in marriage are going to law school – and I want straight As on your transcripts, but keep a low profile! I recommend writing under a pseudonym, because the other side will go after anything you write to discredit you. Think about it.

My previous post about the threats and violence against Prop 8 supporters. And another post explains why prop 8 supporters favor traditional marriage.

By the way, comments on this post will be strictly moderated in order to respect Obama’s hate crimes law.

MUST-READ: Jennifer Roback Morse explains why two-parent families matter

Article here in Policy Review, a publication of the Hoover Institute at Stanford University.

Excerpt:

A free society needs people with consciences. The vast majority of people must obey the law voluntarily. If people don’t conform themselves to the law, someone will either have to compel them to do so or protect the public when they do not. It costs a great deal of money to catch, convict, and incarcerate lawbreakers — not to mention that the surveillance and monitoring of potential criminals tax everybody’s freedom if habitual lawbreakers comprise too large a percentage of the population.

The basic self-control and reciprocity that a free society takes for granted do not develop automatically. Conscience development takes place in childhood. Children need to develop empathy so they will care whether they hurt someone or whether they treat others fairly. They need to develop self-control so they can follow through on these impulses and do the right thing even if it might benefit them to do otherwise.

All this development takes place inside the family. Children attach to the rest of the human race through their first relationships with their parents. They learn reciprocity, trust, and empathy from these primal relationships. Disrupting those foundational relations has a major negative impact on children as well as on the people around them. In particular, children of single parents — or completely absent parents — are more likely to commit crimes.

Without two parents, working together as a team, the child has more difficulty learning the combination of empathy, reciprocity, fairness, and self-command that people ordinarily take for granted. If the child does not learn this at home, society will have to manage his behavior in some other way. He may have to be rehabilitated, incarcerated, or otherwise restrained. In this case, prisons will substitute for parents.

I am reading her book Love and Economics right now, and this argument is in the first couple of chapters, which is how I found this article.

Dr. J’s blog is here.

Twelve policies that undermine civil society

I noticed this “web memo” on the Heritage Foundation web site. Basically, they just list the twelve policies and then write a couple of short paragraphs on how each policy negatively impacts civil society. This is a good introduction to Christians who want to think through whether some government policies that sound good really do good by reducing the amount of destructive and costly behavior, and promoting the public good.

The twelve policies are described in detail in the full post. (PDF)

  1. Massive Expansion of the Welfare State
  2. A Big Step toward National Same-Sex Marriage
  3. Abstinence-Based Education at Risk
  4. Expanding the Federal Government’s Role in Education
  5. Hate Crimes Expansion
  6. Legalization of Marijuana for Medical Purposes
  7. Taxpayer-Funded Abortion
  8. Needle Exchange for Drug Addicts
  9. Ending Parental School Choice for Low-Income Children
  10. Federal Funding for Abortions in the Health Care Overhaul
  11. Limiting Parental Rights and Expanding Family Planning
  12. New Government Parenting Program

Here are the details for #2.

The House of Representatives is on a trajectory to pass the Employment Non-Discrimination Act of 2009 (ENDA), just as it did in 2007. This legislation would disallow discrimination in hiring decisions based on “actual or perceived sexual orientation or gender identity.” ENDA would give special protected class status to sexual orientation and gender identity–just as is given to race, color, sex and religion.

Legislation like ENDA is a major precursor to legalizing same-sex marriage, as the history of the issue in several states shows. According to a recent Heritage Foundation paper, no state that has approved same-sex marriage has done so without first adopting ENDA-like legislation. In Vermont, Massachusetts, and five other states, courts have used the non-discrimination law as part of their reasoning to strike down traditional marriage.

Here, you can read more about the Employment Non-Discrimination Act and how it paves the way for same-sex marriage. I wrote a post about why people oppose same-sex marriage a while back.