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Court rules California amendment defending marriage is ‘unconstitutional’

Ben Johnson
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SAN FRANCISO, CA, February 7, 2012, (LifeSiteNews.com) – This morning, a panel of the Ninth Circuit Court of Appeals ruled by a 2-1 vote that a California constitutional amendment defining marriage as the union of one man and one woman is unconstitutional.

In an 89-page ruling that cited William Shakespeare and Marilyn Monroe, Judge Stephen Reinhardt wrote, “Proposition 8 serves no purpose, and has no effect, other than to lessen the status and human dignity of gays and lesbians in California, and to officially reclassify their relationships and families as inferior to those of opposite-sex couples.”

In 2008, California voters approved the state constitutional amendment defending marriage by a margin of 52.5 percent to 47.5 percent. U.S. District Judge Vaughn R. Walker, who is in a long-term homosexual relationship, ruled in August 2010 that the measure “both unconstitutionally burdens the exercise of the fundamental right to marry and creates an irrational classification on the basis of sexual orientation.”

The Ninth Circuit court panel upheld Walker, ruling that since same-sex couples once had the right to call their unions “marriage” in that state reversing it constituted unconstitutional discrimination. Same-sex marriage was briefly legalized in the state after the state Supreme Court ruled in favor of it in March 2008. “Had Marilyn Monroe’s film been called How to Register a Domestic Partnership with a Millionaire, it would not have conveyed the same meaning as did her famous movie, even though the underlying drama for same-sex couples is no different,” Reinhardt wrote.

“For now, it suffices to conclude that the people of California may not, consistent with the federal Constitution, add to their state constitution a provision that has no more practical effect than to strip gays and lesbians of their right to use the official designation that the state and society give to committed relationships.”

He added that Judge Walker did not have to disclose his own same-sex relationship.

Judge N.R. Smith, who was appointed by George W. Bush, cast the lone dissent.

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Pro-family organizations were outraged, but not surprised, by the Ninth Circuit panel’s decision.

“This ruling substitutes judicial tyranny for the will of the people, who in the majority of states have amended their constitutions, as California did, to preserve marriage as the union of one man and one woman,” Tony Perkins, president of the Family Research Council, wrote in a statement e-mailed to LifeSiteNews.com.

Brian Raum, senior counsel for the Alliance Defense Fund, said he was “not surprised that this Hollywood-orchestrated attack on marriage – tried in San Francisco – turned out this way.”

Traditional marriage advocates believe the lower courts overreached badly. “Never before has a federal appeals court—or any federal court for that matter—found a right to gay marriage under the U.S. Constitution,” said constitutional scholar John Eastman, chairman of the National Organization for Marriage.

Litigants have the right to appeal to the full Ninth Circuit Court of Appeals or directly to the Supreme Court. Several activists have said they plan to bypass the Ninth Circuit, which is known for its left-leaning decisions.

Judge Reinhardt, who was appointed to the court by former president Jimmy Carter, “is one of the most overturned judges in the most overturned court in the U.S.” said William B. May, president of Catholics for the Common Good. “To reach his judgment about the voters and his decision to strike down Prop. 8, he created a new definition of marriage as merely the public recognition of a committed relationship for the benefit of adults. However, the voters of California know that marriage is much more than that. It is the reality that unites a man and a woman with each other and any children born from their union…It is a reality that can only be recognized by law and never changed.”   

The Supreme Court would not likely hear the case before spring 2013, unless it chose to expedite the case.

Observers say any decision to overturn the California amendment would provoke a national backlash. Voters in 31 states have chosen to define marriage as the union of one man and one woman.

“Twenty-nine, a majority of American states, have actually inserted such a definition into the text of their state constitutions,” Perkins wrote. “We remain confident that in the end, the Supreme Court will reject the absurd argument that the authors of our Constitution created or even implied a ‘right’ to homosexual ‘marriage,’ and will instead uphold the right of the people to govern themselves.”

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Jeanne Smits, Paris correspondent

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Protecting marriage isn’t enough – we must oppose gay ‘civil unions’ too

Jeanne Smits, Paris correspondent
By Jeanne Smits

Philippe Ariño, one of the original initiators of the French “Manif pour tous” rallies against the legalization of same-sex “marriage” in November 2012, is suggesting that opposition to the law and its probable developments needs to be coherent and complete if it hopes to be efficient. In a recent and widely-circulated article published on his blog, he writes that the objective must be to put an end to legalized “civil unions” as well.

Ariño, a non-practicing homosexual, left the “Manif pour tous” by March 2013, criticizing the movement’s figurehead, Frigide Barjot, for her stands on “homosexual love” and her insistence that civil unions were not only acceptable, but should benefit from a more favorable legal framework. Barjot herself was to be ousted from the organization for the same reason, but the “Manif pour tous” still takes care not to antagonize and avoids clear-cut condemnation of certain “homosexual rights” so as not to appear radical.

At the “Manif pour tous” summer university this weekend, leader Ludovine de La Rochère underscored the fact that the socialist government would certainly not reverse the same-sex “marriage” law, adding that it would be useless to demand its abrogation as long as Hollande and his government is in power.

"‘Marriage for all’ and [civil unions] form a whole, and the glue which holds them together is the belief in and the justification of homosexual identity and love."

Not so, argues Ariño. His warning in view of the group’s upcoming rally against “familyphobia,” gender ideology, surrogate motherhood, and artificial procreation for homosexuals on October 5 in Paris pleads for consistency. He gave permission to LifeSite to translate his text and publish its most significant passages.

“Why should we not limit ourselves to demanding the abrogation of the ‘same-sex marriage’ law – the few of us, that is, who are beginning to realize that we should demand it! – and why must we demand what is most necessary: the abrogation of the ‘PACS’?” he writes.

The PACS, or French “civil solidarity pact” is a civil union open to all, including homosexuals. It is slowly replacing normal marriage as it includes less obligations and can be dissolved unilaterally at any time through a bailiff’s letter.

Ariño calls it “totally illogical, unrealistic and useless, when opposing gender ideology, surrogate motherhood and even ‘marriage for all’ to do so without demanding the abrogation of the PACS, even if many will argue that “when asking too much you get nothing at all.”

“I would say on the contrary that it is because we did not make this minimal demand that we will find that everything will be imposed upon us one small step at a time! I’m telling them that it is they who are exaggerating and that they have not taken the full measure of the gravity of the PACS, and the 180° turn it is imposing on the whole world,” he answers.

Opposing civil unions mentally and in private is not enough, says Ariño, and remains a form of “cant”: “They have simply not understood the PACS and its symbolic impact; deep down they have justified it because they have found its ‘excrescence’ – same-sex ‘marriage’ – a ‘great deal worse’. ‘Marriage for all’ and PACS form a whole, and the glue which holds them together is the belief in and the justification of homosexual identity and love.”

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Ariño goes on to criticize the principle of public recognition of homosexual couples: “Civil union is the first-ever law in the world to have been based on people’s sexual orientation, it is the first homophobic law which reduces men and women to their so-called homosexual identity or practice, the first law to have established homosexuality as a society’s operating model. That is why it is extremely serious, perhaps even more serious than ‘marriage for all’, despite appearances and the invisibility of its ramifications (concerning parentage and marriage). It does no less harm than ‘marriage for all’ as its aim is symbolically identical: recognition/social justification of homosexual as a universal model of love, equal to any other.”

The “Manif pour tous” is often too “lukewarm,” he adds, more intent on defending a political standpoint than fully assuming its opposition to “marriage for all” in a non-partisan manner, and failing to understand the “symbolic and ideological relationship between civil union and ‘marriage for all,’”, or even the link between legalized same-sex “marriage” and surrogate motherhood.  For fear of being taxed with political extremism or homophobia, “these militants refuse visibly to appear as Catholics” and try to find “scapegoats” on their right or on their left. Ariño accuses them of fooling themselves into believing that politicians (like Nicolas Sarkozy) who are in favor of civil union will one day abrogate same-sex “marriage” or even oppose surrogate motherhood.

The figureheads of the “Manif pour tous,” whatever their “courage” and “goodwill,” and their “hopes of changing things gradually, from the inside,” do not understand the “gravity of civil unions,” thus abstaining from clear demands in the name of “realism, patience, political strategy, Hope, humility.” “It is better to make progress little by little than to ask for the impossible, they say – but who apart from them and their gay-friendly opponents is saying something is impossible?”

“Their method of ‘advancing step by step’ is not good in itself; besides, it is precisely the technique of our adversaries, showing that we are imitating them and losing sight of the realities of civil union, ‘marriage for all’ and homosexuality”, writes Ariño, accusing proponents of the method of a “lack of courage” and of “playing into their adversaries’ hands by artificially dissociating marriage from fertility, laws from those laws’ intentions, laws from their consequences.” “The PACS is but a piece of paper, a rubber check signed less than 15 years ago. But the majority of opponents to ‘marriage for all’ tremble like fledglings at the idea of being too radical – while it is precisely their lack of radicalism that doesn’t pay,” he concludes.

Philippe Ariño is a non-practising homosexual. As a Catholic, he advocates chastity, denouncing both homosexualist activism and the modern concept of “heterosexuality,” insofar as sexual union should only take place between a man and a woman in accordance with God’s plan for life-long marriage.

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Jeanne Smits, Paris correspondent

Belgium approves euthanasia for rapist serving life sentence

Jeanne Smits, Paris correspondent
By Jeanne Smits

Belgium’s Minister of Justice approved a euthanasia request Monday from a convicted rapist serving a life sentence.

The Brussels court of appeal will review the case September 29, but Belgian media report it is expected simply to record the existence of the agreement between the man and the government.

This would not be the first euthanasia of a Belgian prisoner – a terminally ill man who had already spent 27 years in jail was legally killed two years ago – but in the case of Frank Van Den Bleeken, the euthanasia request is being linked to the conditions of his imprisonment.

Van Den Bleeken, 50, has spent close to 30 years in prison. He was sentenced to life-long imprisonment for several counts of rape, one of them followed by murder. He has been declared irresponsible for these acts because of psychiatric disorders and does not want to be released from prison, considering himself to be “a danger for society.” Despite having repeatedly asked for psychiatric treatment, none has been forthcoming in the absence of any Belgian institution prepared to take up this sort of patient.

The convicted rapist says his psychological suffering is “intolerable” and it is on these grounds that three doctors decided last May that Van Den Bleeken should be entitled to euthanasia – even though he has also asked for a transfer to a Dutch institution where psychiatrically ill criminals receive adequate treatment and care.

He presented both demands to the minister of Justice via an emergency procedure. The Brussels appeal court decided that the minister, Maggie De Block, was not competent to order a transfer to the Netherlands but that she could decide to grant his request for euthanasia. The decision is being called a purely “medical” one by the minister who told the press that she confined herself to following the doctors’ opinion.

A previous euthanasia request made by Van Den Bleeken three years ago was rejected on the grounds that all had not been done to ensure that he would suffer less and that other options than death were available.

Now, even though it is clear that the prisoner would find more humane conditions of detention in nearby Holland, that he is conscious of the gravity of the acts he commits under the pressure of his mental illness, and that he is in need of medical care, the decision to make him die reads as a further trivialization of euthanasia in a country where an ever-increasing amount of psychological motives are being accepted to justify “mercy-killing.”

As in all the states of the European Union, the death penalty does not exist; it was abolished in Belgium in 1996. Rapists and murderers can find themselves sentenced to life-long sentences with no hope at all of ever being freed, a perspective which some find worse than death.

Since Van Den Bleeken’s story received media coverage, including a televised interview at the end of 2013, fifteen other prisoners have contacted the “UL-Team,” an information center for end-of-life questions, euthanasia expert Wim Distelmans told the media this Tuesday. He said those numbers are expected to rise. Distelmans is known for his support and active participation in cases of euthanasia for psychological reasons.

No date has been fixed for Van Den Bleeken’s death but his family has indicated that a doctor willing to perform the act has been found. Once the appeals court has given its ruling the prisoner will be allowed to leave the Turnhout prison where he is interned at present, and will be transferred to an unnamed hospital where he will be able to say goodbye to his family before receiving a lethal injection.

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Sen. Rob Portman, R-OH http://portman.senate.gov
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First GOP senator to back marriage redefinition may run for president in 2016

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By Ben Johnson

The first Republican U.S. senator to support same-sex “marriage” is considering running for president in 2016 – if he is re-elected this year.

Sen. Rob Portman, the junior senator from Ohio, told reporters he would decide about campaigning for the GOP presidential nod during a recent visit to New Hampshire, home of the first in the nation primary.

“I’m focused, as you can tell, on 2014 and on doing my job as a senator,” he said, according to The Daily Caller. “After the election, I'll take a look at it.”

Portman became the first Republican senator to support same-sex “marriage” last March, citing a two-year “evolution” that took place after he learned his son, Will, is homosexual. He announced his change of heart shortly after he “held a dozen meetings with big New York donors” who did not believe the GOP sufficiently championed the cause of redefining marriage, in his capacity as vice chairman of finance for the National Republican Senatorial Committee (NRSC), according to Politico.

That provoked a backlash from pro-family leaders in the state, who warned Portman's move – which is at odds with the Republican Party platform – would splinter the Republican Party.”

That splintering could be seen on the pages of Ohio newspapers this month.

Lori Viars, vice president of Warren County Right to Life, wrote a column entitled, “Why Conservatives Are Dumping Portman.” She recounted asking then-Congressman Rob Portman if he would vote for the Defense of Marriage Act (DOMA) in the 1990s.

“I thought he'd give me a quick yes and that I'd be on my way in search of air conditioning. But Portman would not answer my question. I pressed him, and again he deflected,” she wrote. “On my third (more emphatic) try, he got angry with me. He clearly did not want to take a position on DOMA. At the time, his son would have been in preschool.”

“Whatever his reason, Portman's flip-flop puts his presidential ambition at a disadvantage,” Viars wrote.

That garnered a ripping riposte from Mike Gonidakis of Ohio Right to Life, which was published as a letter to the editor. He accused Viars of “recklessly question[ing] Sen. Rob Portman's commitment to the pro-life cause.” Portman has a zero percent vote rating from NARAL Pro-Choice America and, while representing his conservative southwestern Ohio district voted against taxpayer funding for abortion at home and overseas, in favor of the partial birth abortion ban and protecting babies who are born alive during botched abortions, and against human cloning.

Still, Viars is not alone in distancing herself from the senator. Ohio's social conservative group, Citizens for Community Values, now lists Portman as an "unacceptable candidate."

In August 2013, Cleveland Right to Life criticized Rob Portman's stance. National Right to Life Committee (NRLC) President Carol Tobias sent a letter to CRTL, saying it had chosen to “disaffiliate” itself with NRLC because it had “issued public criticisms of and implicit political threats against a U.S. Senator who has supported the right-to-life position on every vote that has come before the Senate, and who is a sponsor of major NRLC-backed bills – because the chapter disagrees with his position on a non-right-to-life issue.”

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Aside from his stint in the U.S. Senate, the 58-year-old served 12 years in the House of Representatives and acted as U.S. Trade Representative and Director of Management and Budget under the George W. Bush administration, holding each office for one year, respectively. He largely favored free trade and voted for the 2002 authorization for the use of force against Iraq.

He has prepared presidential and vice presidential candidates for debates and has twice been considered for the vice presidential nomination, in 2008 and 2012.

Polls show Portman a virtual lock for re-election to the Senate. But the largely unknown, not especially charismatic senator does not register in polls for the presidential nomination of a party that is still committed to the traditional concept of marriage and family. 

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