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Saturday, July 24, 2004

LOVING VS. VIRGINIA

"The freedom to marry has long been recognized as one of the vital personal rights essential to the orderly pursuit of happiness by free men. "Marriage is one of the 'basic civil rights of man,' fundamental to our very existence and survival. To deny this fundamental freedom on so unsupportable a basis as the racial classifications embodied in these statutes, classifications so directly subversive of the principle of equality at the heart of the Fourteenth Amendment, is surely to deprive all the State's citizens of liberty without due process of law. The Fourteenth Amendment requires that the freedom of choice to marry not be restricted by invidious racial discriminations. Under our Constitution, the freedom to marry, or not marry, a person of another race resides with the individual and cannot be
infringed by the State.

"These convictions must be reversed."

Selective Court Stripping on DOMA

From a law professor at the University of Wisconsin:

about the federal bill to strip the federal courts of power to interpret or invalidate DOMA. As currently written, I believe, it pertains only to DOMA. It seems to me that, if passed, this bill will be subject to powerful constitutional objections. There are likely more, but let me touch quickly on two. One is that the law might well be held to violate equal protection. Given DOMA's subject, this law essentially singles out sexual minorities for a unique disability with respect to having access to court. That kind of harsh singling out was struck down as a violation of equal protection in the 1996 Romer v. Evans case, and this idea also infused last year's Lawrence decision on sodomy. Second, I think there is a serious separation of powers question here. True, there is an "exceptions" clause in Article III, but its scope and meaning has not been adjudicated. There are, however, cases that make clear that Congress cannot use its power in ways inconsistent with the constitution, including the overall separation of powers. It seems to me especially unseemly that Congress is focusing on a single law here and basically saying to the courts--we get to pass a law and make it and it alone immune from judicial review. Highly dubious. Hopefully if it passes in the House it will be blocked in the Senate. Usually these court-stripping measures (e.g., on abortion and busing) get stopped one way or another.

Thursday, July 22, 2004

Anti-Gay Court Stripping Passes the House

Among the Democrats who voted for this anti-gay bill, freshman Stephanie Herseth from South Dakota.

Among Republicans who opposed the bill: Mark Foley (R, FL), Jim Leach (R, IA), Nancy Johnson (R, Connecticut, Jim Kolbe (R, AZ).

In Minnesota Oberstar, Sabo and McCollum voted no. Peterson (D), Ramstad, Kennedy, Kline and Gutnecht (all Republicans) voted yes.

Chuck Muth from the Conservative Citizen Outreach Blasts the ACU

From today's Chuck Muth's News and Views:

BLINDED ON THE RIGHT

Folks, the federal marriage amendment (FMA) is dead. Get over it. Yet some anti-gay activists just can’t let it go.

There’s a vote on another bill (HR 3313) coming up this week, and the pro-FMA folks are in full rant. “Anti-family forces and their allies in the militant homosexual movement have a boot heel on the throat of America,” screams an email from the usually level-headed American Conservative Union (ACU) president David Keene, urging members to support the bill. “We must act NOW because too many of our politicians are writhing and whining and begging for mercy instead of fighting.”

Oh, dear. “Boot heel on the throat,” huh? Sounds...apocalyptic.

Now for a little reality check. HR 3313 isn’t about defending marriage. It’s about “court stripping.” It’s about defending DOMA. It’s about defending state sovereignty. It's about the 10th Amendment. It’s about the proper separation of powers. It’s merely a bill which says that federal courts can’t strike down the 1996 Defense of Marriage Act (DOMA) which reserves to the states the ability to decide the issue of gay marriage for themselves and prevents the federal judiciary from forcing one state to recognize the gay marriages of another state.

DOMA was about gay marriage. FMA was about gay marriage. HR 3313 is about federalism.

It’s a darn shame anti-gay...AND pro-gay...forces are twisting this bill into something it’s not. It should be debated on its own merits. Court-stripping is a serious constitutional question which should be discussed without the demagoguery over gay marriage. The ACU, of all organizations, should know better. That they’ve resorted to the rhetorical level of Gary Bauer and James Dobson over this piece of legislation is truly disheartening.

Let’s hope the rest of us can do better.


Actually the ACU's hysteria was worse than I've seen from Dobson and Bauer which is pretty pathetic. Ofcourse court stripping could be discussed without he demoguery over gay marriage if the bill getting considered in the house would be a broader court stripping bill.

Is Conservative Synonomous with Bigot?

The American Conservative Union's Hysteria suggests the answer is yes. From today's alert:

Dear Friend of the ACU:

Anti-family forces and their allies in the militant homosexual movement have a boot heel on the throat of America.

BUT WE HAVEN’T LOST YET!!! WE CAN STOP THE RADICAL GAY RIGHTS MOVEMENT DEAD IN ITS TRACKS – BUT WE MUST ACT BY FRIDAY!!!!!

We must act NOW because, too many of our politicians are writhing and whining and begging for mercy instead of fighting.

Dan Rather, Tom Brokaw and especially Peter Jennings -- are standing by, big grins on their faces, ready to report the death of marriage as we know it.

If we don’t do something RIGHT NOW, "same-sex" marriage will soon be legal in all 50 states very soon.

Click the hyperlink below to tell the House Leadership and 32 Members of Congress that we have targeted as "on the fence" to pass HR 3313, a bill by Congressman John Hostettler (R-Ind.). HR 3313 would limit the authority from the federal courts to hear cases involving the section in the Defense of Marriage Act that allows States to refuse to legally recognize out-of-state same-sex marriage licenses. Tell them if they should stop judges from imposing homosexual marriage on all 50 states.

http://www.laptoplobbyist.com/acuhr3313.html

AOL Users Click Here

If the hyperlink does not work, please copy and paste it into the address bar of your browser.

Last week, the United States Senate was too frightened and confused by militant homosexuals and left-wing news reporters to pass a constitutional amendment to protect marriage – the most important institution in Western civilization.

Only 48 members voted for the Amendment and only 45 of those were Republicans – the so-called Majority Party!

The pro-homosexual marriage forces in Congress know that the courts will give them just what they want.

Justice Anthony Kennedy and at least four other Justices of the Supreme Court are just waiting for the opportunity to tell decent Americans that they’re ignorant, bigoted and wicked, that the Constitution guarantees homosexuals the right to marry, and that they can do just about anything they choose.

HR 3313 would say to Anthony Kennedy and the rest of the left-wingers on the Supreme Court: Keep your hands off the institution of marriage.

Click the hyperlink below to tell the House Leadership and 32 Members of Congress that we have targeted as "on the fence" to pass HR 3313, a bill by Congressman John Hostettler (R-Ind.). HR 3313 would limit the authority from the federal courts to hear cases involving the section in the Defense of Marriage Act that allows States to refuse to legally recognize out-of-state same-sex marriage licenses. Tell them if they should stop judges from imposing homosexual marriage on all 50 states.


http://www.laptoplobbyist.com/acuhr3313.html

AOL Users Click Here

If the hyperlink does not work, please copy and paste it into the address bar of your browser.

The bill was approved by the House Judiciary Committee on July 14th and is scheduled for a vote as early as TOMORROW!!

Don’t let the same old gang of left-wing, anti-family bullies win this one! This may be our last chance to preserve the institution of marriage and America as we know it.

Already the gay rights movement is trying to shout down their opponents and frighten members of Congress by screaming that this bill is unconstitutional.

That’s the same kind of nonsense that always comes out of their mouths.

The Constitution states unambiguously that the lower federal courts are subordinate to Congress – and so is the U.S. Supreme Court in hearing appeals, except for a few limited areas that are specifically named.

And marriage isn’t one of them.

House Judiciary Committee Chairman F. James Sensenbrenner, Jr. (R-Wis.), put it clearly and plainly, "This legislation protects the people's right to decide state marriage policy…The Constitution allows the exercise of 'judicial power,' but it does not grant the federal courts unchecked power to define the limits of its own power."

He’s right! We may not be able to save the good people of Massachusetts from Ted Kennedy and Barney Frank and a bunch of wild-eyed, judges, but we can save the rest of the states.

Click the hyperlink below to tell the House Leadership and 32 Members of Congress that we have targeted as "on the fence" to pass HR 3313, a bill by Congressman John Hostettler (R-Ind.). HR 3313 would limit the authority from the federal courts to hear cases involving the section in the Defense of Marriage Act that allows States to refuse to legally recognize out-of-state same-sex marriage licenses. Tell them if they should stop judges from imposing homosexual marriage on all 50 states.

http://www.laptoplobbyist.com/acuhr3313.html

AOL Users Click Here

If the hyperlink does not work, please copy and paste it into the address bar of your browser.

Left-wing Democrats are up a creek on this one.

During the last Congress, Senate Minority Leader Tom Daschle – one of the most obnoxious, in-your face, liberals on Capitol Hill -- inserted language into a pork-barrel bill that denied all federal courts the right to review the procedures governing forest clearing.

After that, can anyone on Capitol Hill argue that it’s O.K. to restrict federal courts in order to protect trees, but not to protect a state's marriage laws?

No way!!!

That’s why the National Gay and Lesbian Task Force, the Human Rights Campaign, GLAAD, and all the other promoters of state-sanctified sodomy are orchestrating letters and phone calls to Congress -- trying to give the false impression that the American people want men to marry men and women to marry women.

If we let them win this one, they aren’t to blame – WE ARE!

Let’s turn the tide against the entire gay marriage movement -- this week.

Click the hyperlink below to tell the House Leadership and 32 Members of Congress that we have targeted as "on the fence" to pass HR 3313, a bill by Congressman John Hostettler (R-Ind.). HR 3313 would limit the authority from the federal courts to hear cases involving the section in the Defense of Marriage Act that allows States to refuse to legally recognize out-of-state same-sex marriage licenses. Tell them if they should stop judges from imposing homosexual marriage on all 50 states.


Oh get over it, David Keane. You lost big time on the FMA which is in no way conservative.


Tuesday, July 20, 2004

Anti-Gay Amendment Formula

Daily Show graphic illustrating the point of the Federal Marriage Amendment


This was the graphic displayed on the Daily Show the night after the FMA was killed by a procedural vote in the Senate. The clip is here. "Two thirds of the congress and three quarters of the states need to pass an amendment that says that two straight parents are better than one straight parent, which is better than two gay parents which is equal to a man screwing a turtle."