rights

Lawyers Strike Back: California Ruling Over Gay Marriage To Be Challenged

As could be expected in the United States of America, a country with more lawyers in this nation than all of Europe and many other nations combined, the decision of the California Supreme Court upholding the Proposition 8 initiative passed by the residents of the State of California is now going to be challenged by two members of the American Bar Association in a "bipartisan" partnership.

And which two lawyers are seeking another 15 minutes of fame and the spotlight?

The two primary lawyers involved in the Bush v. Gore election challenge which was, in the end, settled again in a bipartisan manner after the United States Supreme Court justices failed to unravel the mystery of just exactly what happened in Florida those many years ago, with Mr. Gore relegated then to the global warming and book tours.

Strangely enough, the challenge "officially" is being brought on behalf of two gay couples who have been refused the "right" to marry in California by a recently formed legal organization, the American Foundation for Civil Rights.

Ever since the ACLU was successful in getting a federal law passed providing for the legal fees for plaintiffs or defendants involved in civil rights matters, a whole slew of challenges to our Constitution over religion and now marriage "rights," have been filed throughout the nation.  All courtesy of the U.S. taxpayers.

Most of these organizations are listed as 501(c)(3) foundations with claimed "educational" classes and seminars tied to them so that they also can receive federal grant monies as educational institutions.  And most are headed and run by lawyers, the largest political group of contributors to both state and federal election campaigns as a whole than any other "industry."

And who also had a hand in writing some of these laws that consistently come up for challenge through their advisory capacities to members of Congress.

So as far as social welfare, the American Bar members are head and shoulders above the pack, and would appear just maybe this "new" organization may be one of the recipients of those federal stimulus monies.

After all, as advisors to Congress, they have the inside track on where all that funding was earmarked, and to which agencies.

As a community property state, and with domestic partnerships laws already in place, powers of attorney and wills available for ownership, health concerns or property distribution, I just wonder what "equal protection under the law" provisions that are denied to gay individuals given traditionally married couples in that state these attorneys will use for their court challenge, since there really is no protection anymore for individuals in marriage after "no fault" divorce laws were passed and California is one that has such provisions.

If it's the tax laws, then just what was that Head of Household option for anyway but to provide acknowledgement of support by the major wage earner of supporting children or elderly parents actually for?

Since marriage is an institution that is governed by the "common law" or "natural law" which has existed for thousands of years and which the founders referred to, I wonder what arguments will be used to justify such a challenge, since it appears the other four states in which these measures were passed didn't consult the Constitution or common law basis upon which our civil laws actually hinge when enacting their legislation or rendering their judicial opinions.

And I wonder just which industry will profit the most if this ban is lifted?  It wouldn't be the legal industry for all those potential divorces, if only a third of them eventually wind up in the lawyer's offices, would it? 

Isn't California having a claimed "budget crisis" as it is, wanting the rest of the nation to bail them out?

And I wonder just how many new judges from the legal industry will be needed in order to handle those cases at the taxpayer's expense?  Seems that this challenge is more being brought as a job stimulus for the lawyers more than anything else, so I guess those stimulus or grant monies this organization most likely is or plans on receiving will be well spent providing more jobs for lawyers.

So citizens of California who worked and supported the ban and who poured all your energies and dollars into getting that measure on the ballot in recognition of the history and civil common law upon which our Constitution is based, the "bi-partisan" legal industry has spoken.

Equal protection under the law doesn't apply to you.

Nor our Constitution, apparently.

http://www.cnn.com/2009/POLITICS/05/27/same.sex.marriage.court/

What's Wrong With Roe v. Wade?

Even thirty years after this controversial decision, the jury is still out on Roe v. Wade.

Decided in the early 70's, I remember well when the case was decided, as I had just completed high school.

For many, it was one of those days embedded in your brain due to it's reach and "precedent," along the lines of the day Kennedy was assassinated. A monumental moment in history, and now even in the 21st Century, the controversy still reigns.

When the decision was reached, it turned our country quite upside down and polarized.

Interestingly, historians and others who bring Roe to the forefront in political discussions and discourse, and of course at election time, fail to also mention that at the time Roe was decided, the Pill and other rather reliable methods of birth control were becoming more and more available.

Planned Parenthood had just opened it's doors to "free birth control" during this "free love" era, and AIDS was nothing more than someone's assistant. At the time it was decided, there were many states which did allow early abortions, since this also was the time when the "globalists" had started their scares about overpopulation, and the destruction of our planet.

It is now, of course, being resurrected by many of those former hippies, and capitalists types as the new scheme in which to become a millionaire before 35.

Seems out in California there is now a blend of "hippie capitalists." They don't mind being that dirty word "capitalists" so long as they are making their fortunes along environmentally friendly lines, and saving the planet from overpopulation is one of them.

Many of these left wing pro-choice activists believe in unrestricted access to abortion, such as third trimester partial birth abortions, including from all accounts the Democratic nominee. The defense has been with respect to that Illinois bill a fear that in supporting the partial birth ban it might overturn Roe v. Wade, and was worded incorrectly.

My understanding is that was what the Committees in the state legislatures were for, writing and reviewing laws for Constitutionality prior to bringing them to the floor, and Roe actually only addressed and upheld the right to first term abortions since those were already allowed in most of the states, for rape, health of the mother, and had been expanded for teen pregnancies so long as there was parental consent.

Hey, it's for the good of the planet, and expands the "free market" for the abortion clinics in the process.

For all the scare tactics the libs like to throw out every election about the "threat" of Roe being overturned if, horror of horrors, a conservative should get into office and further stack the Supreme Court, I have just one thing to say.......don't you think it's about time that decision was reviewed, and in the 21st Century now?

At this point throughout the country, we now have even the "Morning After" pill, for heaven sakes. Birth control pills now in many areas of the country can be obtained by even teens without their parent's consent, and due to the AIDS and other STDs epidemic, the use of contraceptives between committed or uncommitted couples has never been higher.

Isn't it about time we pulled the plug, at least, on second and third trimester abortions nationwide, except in the event of health risk to the mother or child in continuing the pregnancy?

Just what are you liberals afraid of, that in so doing we will go back to the dark ages, where abortions were performed in dark alleys with unsterilized equipment, when now there is even a pill that can abort during the first trimester?

I believe abortion should be restricted to the first trimester at this point in our history, and not simply for moral reasons but legal ones.

This was never a "right to privacy" issue to begin with, it was always a "right to life" issue, since if the founder's were not concerned with "life" they certainly wouldn't have based an entire document in order to secure "life, liberty and happiness" for "us and our posterity" if they were unconcerned with just what the "Creator" would think.

And it's pretty clear there is 10 Commandment law behind that Constitution, whether the atheists in this country wish to believe it or not. Those rights referred to as unalienable are acknowledged as "endowed by the Creator."  A Creator they clearly acknowledged.

Religious tolerance is actually a Christian doctrine, it is not a Jewish, Muslim, Hindu or Buddhist doctrine, and the freedom of religion provision was also provided in order to prevent a NATION-WIDE or "State" religion, such as they had experienced in England with the decades long fighting between the Catholics and the Protestants.

 "Loving thy neighbor," and the story of the Good Samaritan are examples of the scriptural basis upon which the "freedom of religion" provisions were meant to flesh out in our "new" government which had been denied them in England under the Church of England's dominance during the 18th Century.

Read Ben Franklin's speech when the Constitution was ratified, and he specifically alludes to the problems they were attempting to avoid by recognizing each individuals right to worship God according to their own understanding, and in their own way, without "nationalizing" a state religion such as in Britain and the Church of England, and in more recent history, Israel.

It does seem the founder's knew what they were doing, since even today those countries with "national" religions do seem to be engaged in much more strife, both internal and external, than others.

The problem that I do have with the far, far right wing evangelical Christians is their rather rigid interpretation of when life begins, since Jesus never truly addressed it.

Most pastors and members of the evangelical churches relate to the biblical passage of God "knowing you in your mother's womb." The problem I have with that is that adultery was a criminal matter in Jesus's time, and the punishment under the 10 Commandment law at the time was death by stoning.

If life truly begins at conception rather than viability, then God allowed innocent fetuses to be killed along with their mothers since I'm sure a great many of those adulteresses were pregnant.

It is also biblically clear that the first life God created, Adam, he did so by "breathing" life into dust, and that in then creating Eve, he clearly then gave them, not he, the gift of procreation by directing them to "go forth and multiply."

And it's also pretty darn clear that he intended children to be raised in two sex households optimally, since he didn't give us the ability to recreate independently of the other sex.

What is truly amazing to me is that for all the bravado of the "pro-choice" movement and those mostly liberals who even today with medical knowledge and technology the way it is, still cling to this decision as a benchmark of a candidates worthiness.

It is interesting that while the radical liberal element protest over global warming and how it is affecting the whales, polar bears, and other Arctic creatures, they were nowhere to be seen when Teri Schiavo was judicially literally starved and dehydrated to death for almost 14 days while she clung to life, breathing on her own, before dehydration of her vital organs caused her body to literally feed upon itself until her execution. 

She was also a practicing Catholic, and nowhere in the court documents does it appear her civil rights, and individual religious beliefs were even given any consideration during that entire multi-year fight over the removal of her feeding and hydration tubes.

The most painful type of death any human can experience ending in progressive organ shutdown, and a judge in this country so ordered it.

Her "right to life" without clearly artificial life support in its termination by fiat was nothing more than judicially sanctioned murder.

Better watch out, liberals, since your definition of "pro-choice" and "freedom" sounds more like Germany, circa World War II.

Is IP (Intellectual Property) Real?

Here is an interesting discussion of the existence (or non-existence) of intellectual property rights.

Libertarians fighting over whether or not you can own "intellectual property."

What do you think?

Abortion: A Discussion

The modern debate about abortion seems to revolve, at heart, around one central principle.  Is it moral? Sure, there are other reasons why we might want to prohibit abortion - that it has negative social externalities, that it encourages irresponsibility among youth, etc...  - but none of these really address the core of the issue.  Abortion being legal or illegal should really be about the philosophical ramifications of the action itself, not the social consequences.  For instance, modern fashion might encourage promiscuity and legalized condoms might encourage premarital sex, but neither of these things are banned despite their social consequences.  The focus of the debate must be on the morality of abortion, not its social implications.  Remember, liberals always argue on the social implication ground, saying that people will start to get back-alley abortions, etc.

Also, for this discussion I want to ignore Roe v Wade.  In my opinion, it was badly decided, but I want to talk about policy rather than constitutionality.  In other words, say that Roe v Wade was overturned.  What abortion policy would you support?

Does a fetus have rights?

To some extent, modern society has accepted that it has less rights than the mother.  When health conflicts, doctors always try to save the mother first.  A fetus has reduced autonomy.  A fetus is unable to express opinions.  If one believes, philosophically, that a human's rights come from a will, then it is impossibled to gauge the will of the fetus.

Does a fetus deserve dignity?

We have accepted that humans deserve dignity.  Good.  A baby, from the moment of its birth, deserves dignity.  Now, it would be a stretch to argue that a baby does not deserve dignity the moment before its birth.  It could be removed and live.  Unless one wants to argue that a baby gains a soul by taking its first breath, we have to accept that the unborn have souls.

When does the soul develop?

It's a hard position to take that a single-celled zygote has a soul.  It gets into religious theory and, quite frankly, despite my own religious beliefs, I think it's hard to make a strong philosophical case for when the soul first exists and thus when the baby is first worthy of protection.

When can the baby first survive on its own?

I believe the current limit is about 22 weeks for any chance of survival (viability).  I think its very hard to argue that a baby should be aborted past the second trimester, when its chances of survival are good outside the womb.  Killing a potentially autonomous life strikes me as indefensible.

What are our options?

In my opinion, there are only three logical positions to take on abortion.

1.  It should be outlawed from the moment of conception.

2.  It should be outlawed past a certain point (probably the point of viability at 22 weeks)

3.  It should be legal, both before and directly after birth.

Position #1 strikes me as one that's hard to philosophically defend.  Does a zygote really have a soul/rights?  Is it given rights based on the potential for rights?  What about a sperm?  what about an egg?  Do we have the right to use condoms and prohibit the creation of something that will soon have rights?

Position #2 is interesting.  Given that the point of viability is shifting closer and closer to birth, we might see that over time Position #2 becomes significantly closer to Position #1.  Fred Thompson, if I recall correctly, supports legalized abortion only during the first trimester.

Position #3 is extreme, but I don't see a compelling argument for why you can abort a baby at the moment before its birth but not the moment afterwards.

- bishop

[Crossblogged at Army of Principles]

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