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Ron Paul: Personally opposed to same-sex ‘marriage,’ but….

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By Ben Johnson

WASHINGTON, November 29, 2011 (LifeSiteNews.com) - As polls show Republican presidential candidate Ron Paul tied for first place in Iowa, media outlets have struggled to understand his distinctive stance on the issues, including same-sex “marriage.” Sheldon Alberts of Canada’s National Post, for example, wrote Monday that “Paul believes: Gays should be allowed to marry.”

The truth is more complex…and perhaps confusing. Congressman Paul’s view of same-sex “marriage” can best be summed up in one phrase: states rights. Ron Paul believes homosexuals should be allowed to “marry”…in states that legalize the practice.

At the same time, Paul is a lifelong Christian who says he personally believes in traditional marriage. In 2004, Paul said on the House floor, “I oppose federal efforts to redefine marriage as something other than a union between one man and one woman.” In August, Paul repeated, “I think that marriages should be between a single man and a single woman.” 

The Texas Congressman and 1988 Libertarian Party presidential candidate has a consistent record of supporting each state’s right to define marriage for itself: opposing attempts to overturn state anti-sodomy laws on one hand and to implement a federal constitutional amendment protecting marriage on the other.

However, Paul has also taken his libertarian views even further, repeatedly stating that he hopes the state will stop sanctioning marriages altogether.

“I think the government should just be out of it. I think it should be done by the church or private contract, and we shouldn’t have this argument,” he said recently.  “Who’s married and who isn’t married. I have my standards but I shouldn’t have to impose my standards on others. Other people have their standards and they have no right to impose their marriage standards on me.”

“But,” he continued, “if we want to have something to say about marriage it should be at the state level, and not at the federal government.”

In his newest book, Liberty Defined, Paul’s chapter on “Marriage” states, “In a free society…all voluntary and consensual agreements would be recognized.” He adds, “There should essentially be no limits to the voluntary definition of marriage.”

“Everyone can have his or her own definition of what marriage means, and if an agreement or contract is reached by the participants, it would qualify as a civil contract if desired…Why not tolerate everyone’s definition as long as neither side uses force to impose its views on the other? Problem solved!”

As might be expected, his position has not sat well with commentators on the Right. Syndicated columnist Ann Coulter took Ron Paul to task in a June column, writing that if states stop sanctioning marriages, legal chaos will erupt:

“How are child support and child custody issues determined if the government doesn’t recognize marriage? How about a private company’s health care plans - whom will those cover? Who has legal authority to issue “do not resuscitate” orders to doctors?...Who inherits in the absence of a will? Who is entitled to a person’s Social Security and Medicare benefits? How do you know if you’re divorced and able to remarry?”

After hearing Paul’s stance at the recent Thanksgiving Family Forum, Bob Vander Plaats of The Family Leader told the Des Moines Register, “I think he let his libertarian view trump his moral compass.”

On the other hand, the homosexual Republican group GOProud released a statement in May thanking Paul “for rightly making the case that marriage and family laws should be decided at the state level.”

Paul’s conflicted congressional record on homosexual issues reflects his commitment to federalism across-the-board. He voted to repeal “Don’t Ask, Don’t Tell” after previously supporting the policy. But he also opposed federal “hate crimes” legislation and criticized the Supreme Court’s 2003 Lawrence v. Texas case for overriding state anti-sodomy laws.

In 2004, Paul said on the House floor, “If I were in Congress in 1996, I would have voted for the Defense of Marriage Act, which used Congress’s constitutional authority to define what official state documents other states have to recognize under the Full Faith and Credit Clause, to ensure that no state would be forced to recognize a ‘same sex’ marriage license issued in another state.” The same year, he co-sponsored the Marriage Protection Act, which would have removed judicial challenges to DOMA from federal courts’ jurisdiction.  (The Marriage Protect Act passed the House, but not the Senate.)

Paul’s views are similar to those of two other Republican presidential hopefuls. Fellow Libertarian New Mexico Governor Gary Johnson has said, “I support gay unions. I think the government ought to get out of the marriage business.” Former Louisiana Governor Buddy Roemer has agreed, saying, “Each state has a right to determine how it defines a marriage.”

However, former Pennsylvania Senator Rick Santorum has strongly challenged Paul, saying: “It sounds to me like Rep. Paul would actually say polygamous marriages are OK…We can’t have 50 marriage laws.”

Paul’s position may receive more scrutiny because of initiatives such as a New Hampshire bill that would legalize civil unions between any two consenting adults, including siblings.

Paul views his opposition to same-sex “marriage” as a personal, religious decision. However, he is unfailingly pro-life on abortion. While he believes the Constitution makes abortion a state issue, he believes “being pro-life is necessary to defend liberty.” 

The doctor’s views were solidified after he witnessed a late term abortion. In his 1983 book-length tract Abortion and Liberty, Paul shared Ludwig von Mises’ view that abortion is “egregious and repulsive,” and he continues to believe abortion has been legalized because traditional morality has eroded.

He wrote in Liberty Defined that he considers protecting the unborn “a state-level responsibility.” His 2007 Sanctity of Life Act would have declared “the term ‘person’ shall include all human life” from the moment of conception. He supports the full defunding of Planned Parenthood at home and all “family planning” measures around the world. Paul told LifeSiteNews.com in an interview last February that he would favor a bill that would bar federal courts from ruling on abortion-related matters.

LifeSiteNews attempted to contact the National Organization for Marriage but did not receive a response by deadline.


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Quebec groups launch court challenge to euthanasia bill

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By LifeSiteNews staff

As announced when the Quebec legislature adopted Bill 52, An Act respecting end-of-life care, the citizen movement Living with Dignity and the Physicians’ Alliance against Euthanasia, representing together over 650 physicians and 17,000 citizens, filed a lawsuit before the Superior Court of Quebec in the District of Montreal on Thursday.

The lawsuit requests that the Court declare invalid all the provisions of the Act that deal with “medical aid in dying”, a term the groups say is a euphemism for euthanasia. This Act not only allows certain patients to demand that a physician provoke their death, but also grants physicians the right to cause the death of these patients by the administration of a lethal substance.

The two organizations are challenging the constitutionality of those provisions in the Act which are aimed at decriminalizing euthanasia under the euphemism “medical aid in dying”. Euthanasia constitutes a culpable homicide under Canada’s Criminal Code, and the organizations maintain that it is at the core of the exclusive federal legislative power in relation to criminal law and Quebec therefore does not have the power to adopt these provisions.

The organizations also say the impugned provisions unjustifiably infringe the rights to life and to security of patients guaranteed by the Canadian Charter of Rights and Freedoms and the Quebec Charter of Human Rights and Freedoms. They further infringe the right to the safeguard of the dignity of the person, which is also protected by the Quebec Charter.

In view of the gravity of the situation and the urgent need to protect all vulnerable persons in Quebec, they are requesting an accelerated management of the case in order to obtain a judgment before the Act is expected to come into force on December 10, 2015.


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Colorado baker appeals gvmt ‘re-education’ order

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By LifeSiteNews staff

A Colorado cake artist who declined to use his creative talents to promote and endorse a same-sex ceremony appealed a May 30 order from the Colorado Civil Rights Commission to the Colorado Court of Appeals Wednesday.

The commission’s order requires cake artist Jack Phillips and his staff at Masterpiece Cakeshop to create cakes for same-sex celebrations, forces him to re-educate his staff that Colorado’s Anti-Discrimination Act means that artists must endorse all views, compels him to implement new policies to comply with the commission’s order, and requires him to file quarterly “compliance” reports for two years. The reports must include the number of patrons declined a wedding cake or any other product and state the reason for doing so to ensure he has fully eliminated his religious beliefs from his business.

“Americans should not be forced by the government – or by another citizen – to endorse or promote ideas with which they disagree,” said the cake artist’s lead counsel Nicolle Martin, an attorney allied with Alliance Defending Freedom. “This is not about the people who asked for a cake; it’s about the message the cake communicates. Just as Jack doesn’t create baked works of art for other events with which he disagrees, he doesn’t create cake art for same-sex ceremonies regardless of who walks in the door to place the order.”

“In America, we don’t force artists to create expression that is contrary to their convictions,” added Alliance Defending Freedom Senior Legal Counsel Jeremy Tedesco. “A paint artist who identifies as homosexual shouldn’t be intimidated into creating a painting that celebrates one-man, one-woman marriage. A pro-life photographer shouldn’t be forced to work a pro-abortion rally. And Christian cake artists shouldn’t be punished for declining to participate in a same-sex ceremony or promote its message.”

Click "like" if you want to defend true marriage.

In July 2012, Charlie Craig and David Mullins asked Jack Phillips, owner of Masterpiece Cakeshop, to make a wedding cake to celebrate their same-sex ceremony. In an exchange lasting about 30 seconds, Phillips politely declined, explaining that he would gladly make them any other type of baked item they wanted but that he could not make a cake promoting a same-sex ceremony because of his faith. Craig and Mullins, now represented by the American Civil Liberties Union, immediately left the shop and later filed a complaint with the Colorado Civil Rights Division. The case now goes to the Colorado Court of Appeals as Masterpiece Cakeshop v. Craig.

“Jack, and other cake artists like him – such as those seen on TV shows like ‘Ace of Cakes’ and ‘Cake Boss’ – prepare unique creations that are inherently expressive,” Tedesco explained. “Jack invests many hours in the wedding cake creative process, which includes meeting the clients, designing and sketching the cake, and then baking, sculpting, and decorating it. The ACLU calls Jack a mere ‘retail service provider,’ but, in fact, he is an artist who uses his talents and abilities to create expression that the First Amendment fully protects."

Celebrity cake artists have written publicly about their art and the significant expressive work that goes into the artistic design process for wedding cakes.


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Prisoner of conscience Mary Wagner appeals her conviction

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By Tony Gosgnach

TORONTO -- As promised, Mary Wagner has, through her counsel Dr. Charles Lugosi, filed a formal notice of appeal on numerous points regarding her recent, almost two-year-long court case that ended on June 12.

Justice Fergus O’Donnell of the Ontario Court of Justice rejected every application made by the defence – including for access to abortion center records, public funding, standing for a constitutional challenge and for expert witnesses to be heard – before he found Wagner guilty and sentenced her to five months in jail on a charge of mischief and four months on four counts of failing to comply with probation orders.

He further levied two years of probation, with terms that she stay at least 100 metres away from any abortion site. However, because Wagner had spent a greater time in jail than the sentence, she was freed immediately. She had been arrested at the “Women’s Care Clinic” abortion site on Lawrence Avenue West in Toronto on August 15, 2012 after attempting to speak to abortion-bound women there. She then spent the duration of the trial in prison for refusing to sign bail conditions requiring her to stay away from abortion sites.

Wagner is using the matter as a test case to challenge the current definition of a human being in Canadian law – that is, that a human being is legally recognized as such only after he or she has fully emerged from the birth canal in a breathing state.

Wagner’s notice states the appeal is regarding:

  • Her conviction and sentence on a single count of mischief (interference with property),
  • Her conviction and sentence on four counts of breach of probation,
  • The order denying public funding,
  • The order denying the disclosure of third-party records,
  • The order denying the admission of evidence from experts on the applicant’s constitutional challenge concerning the constitutional validity of Section 223 of the Criminal Code,
  • The order denying the admission of evidence from experts concerning the construction of Section 37 of the Criminal Code,
  • The probation order denying Wagner her constitutional rights to freedom of speech, freedom of expression, freedom of conscience and freedom of religion on all public sidewalks and public areas within 100 metres of places where abortions are committed,
  • And each conviction and sentence and all orders and rulings made by O’Donnell.

In the notice of appeal, Lugosi cites numerous points on which O’Donnell erred:

  • He denied Wagner her constitutional right to make full answer and defence.
  • He denied Wagner her right to rely on Section 37 of the Criminal Code, which permits “everyone” to come to the third-party defence and rescue of any human being (in this case, the preborn) facing imminent assault.
  • He decided the factual basis of Wagner’s constitutional arguments was a waste of the court’s time and that no purpose would have been served by having an evidentiary hearing on her Charter application because, in the current state of Canadian law, it had no possibility of success.
  • He misapplied case law and prejudged the case, “giving rise to a reasonable apprehension of bias and impeding the legal evolution of the law to adapt to new circumstances, knowledge and changed societal values and morals.”
  • He accepted the Crown’s submission that it is beyond the jurisdiction of the courts to question the jurisdiction of Parliament legally to define “human being” in any manner Parliament sees fit.
  • He ruled Section 223 of the Criminal Code is not beyond the powers of Section 52 of the Constitution Act, 1982.
  • He ruled Section 223 of the Criminal Code does not violate the Preamble to, as well as Sections 7, 11(d), 15 and 26, of the Charter of Rights and Freedoms.
  • He denied Wagner standing to raise a constitutional challenge to the validity of Section 223 of the Criminal Code.
  • He ruled that Section 223 of the Criminal Code applied generally throughout the entire Criminal Code and used it to deny unborn human beings the benefit of equal protection as born human beings under Section 37 of the Criminal Code.
  • He denied the production and disclosure of third-party records in the possession of the “Women’s Care Clinic” abortion site, although the records were required to prove Wagner was justified in using reasonable force in the form of oral and written words to try to persuade pregnant mothers from killing their unborn children by abortion.
  • He denied Wagner the defence of Section 37 of the Criminal Code by ruling unborn children did not come within the scope of human beings eligible to be protected by a third party.
  • He ruled Wagner did not come within the scope of Section 37 because she was found to be non-violent (in that she did not use physical force).
  • He ruled the unborn children Wagner was trying to rescue were not under her protection.
  • He denied Wagner the common-law defences of necessity and the rescue of third parties in need of protection.
  • He denied Wagner public funding to make full answer and defence for a constitutional test case of great public importance and national significance.
  • He imposed an unconstitutional sentence upon Wagner by, in effect, imposing an injunction as a condition of probation, contrary to her constitutional rights of free speech, freedom of expression, freedom of conscience and freedom of religion.

Click "like" if you are PRO-LIFE!

Among the orders Lugosi is seeking are:

  • That an appeal be allowed against conviction on all counts and that a verdict of acquittal be entered on all counts,
  • That Section 223 of the Criminal Code be found unconstitutional  and contrary to Section 52 of the Constitution Act, 1982, as well as the unwritten constitution of Canada,
  • That the sentence be declared unconstitutional and contrary to Section 52 of the Constitution Act, 1982, and the unwritten constitution of Canada or that a new trial be conducted, with Wagner permitted to make full answer and defence, be given standing to make a constitutional attack on Section 223 of the Criminal Code, with the admission of expert witnesses,
  • That the Women’s Care Clinic abortion site be made to produce third-party records pertaining to patients seen on August 15, 2012 (when Wagner entered the site),
  • And that there be public funding for two defence counsels at any retrial and for any appeal related to the case.

No date has yet been established for a decision on the appeal or hearings.

A defence fund for Wagner’s case is still raising money. Details on how to contribute to it can be found here.


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