Kathleen Gilbert

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The case against Rick Perry - pro-life and pro-family concerns

Kathleen Gilbert
Kathleen Gilbert
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Note: This article is Part III in a three-part series exploring all aspects of Rick Perry’s record on pro-life and pro-family issues. Read Parts I and II here:

Who is Rick Perry? (Part 1 of special report)
Who is Rick Perry? - Part II: A Texas governor’s pro-life legacy

WASHINGTON, D.C., August 17, 2011 (LifeSiteNews.com) - Since announcing his candidacy earlier this month, Gov. Rick Perry of Texas has displayed formidable staying power near the top of the GOP presidential pack – at least in part thanks to the support of pro-life and pro-family advocates.

But while he has been enthusiastically welcomed by many social conservatives due to his very public stance against abortion and same-sex “marriage,” others have expressed concern about some aspects of Perry’s past that they say call into question Perry’s social conservative credentials, and may even indicate a degree of hypocrisy.

Two haunting endorsements

Perhaps most damaging to Perry’s reputation as a social conservative was his 2008 decision to support GOP presidential candidate Rudy Giuliani in a “very strong and proud way,” despite Giuliani’s well-known support for legal abortion, and liberal views on other issues.

“We spent an inordinate amount of time together over the course of the last six weeks talking about issues both on the phone and face to face ... I looked him in the eye and I asked him questions on some issues that we don’t agree on,” Perry said of the former New York mayor on Fox News on October 17, 2007.

“And, but here’s the - I don’t get tied up with the process, what I look for is results,” he continued. “Rudy Giuliani is the individual who will give us the results that will make America safer, that will move our economy forward, will put strict constructionists on the Supreme Court ... that covers a host of issues that are important to me.”

Leading pro-life conservatives at the time took a very different view. Less than three weeks earlier, on September 30, Giuliani’s frontrunning campaign had been shaken after conservative magnates vowed to support a third-party candidate should someone as pro-abortion as Giuliani win the Republican nomination.

“Giuliani is beyond the pale,” said Richard Viguerie, a leading conservative fundraiser who had met with Family Research Council President Tony Perkins and former Focus on the Family leader James Dobson. “There’s no way that conservative leaders are going to support a pro-abortion candidate. It was unanimous.”

In an interview with Time magazine August 11 of this year, Perry defended endorsing Giuliani, saying he was effectively supporting a constitutional path to eliminating abortion by backing a believer in conservative jurisprudence.

“He and I were 180 degrees on social issues, but he would put strict constructionists on the Supreme Court, which dealt with those social issues,” he said. “I happen to be comfortable that I was making the right decisions and that as President, when it comes to those social issues, it’s very important to have that strict constructionist view of who you put on the Supreme Court.”

Similar concerns still dog Perry over his ties to Al Gore, for whom Perry served as Texas presidential campaign manager 23 years ago, when Gore was U.S. Senator for Tennessee, at a time when both men were Democrats.

Although much of today’s controversy surrounds Gore’s climate change beliefs, the 1988 campaign was also a sensitive turning point for Gore, who had spent much of the decade transitioning from pro-life to pro-choice talking points, on social issues.

While still opposing federal funding of abortion, by 1987 Gore had stepped away from previous statements - and an 84% pro-life voting record - supporting the unborn’s right to life, and made clear his support for legalized abortion. A New York Times article in 2000 cited critics who pegged the 1988 campaign as the moment Gore “brought his positions in line with the party’s powerful feminist and abortion rights constituent groups.”

Perry, who deserted the Democrat party in 1989, has laughed off the association - at least regarding his erstwhile friend’s flagship position on climate change.

“I certainly got religion. I think he’s gone to hell,” Perry said of Gore in 2009, according to the Dallas Morning News.

The Gardasil controversy

Also prominent in the arsenal of conservative Perry skeptics is the controversy over Governor Perry’s decision in February 2007 to issue an executive order that made Texas the first U.S. state (20 currently do so) to mandate an HPV vaccine for middle school-aged girls – an action that drew national attention. Responding to conservative backlash, state legislators overturned the order within months, and Gov. Perry withheld his veto.

At the time, Gardasil, a drug found in more recent years to cause severe side effects and even death, was the only approved vaccine for HPV – a sexually-transmitted disease.

The drug continues to be advertised as a means of preventing cervical cancer, which has been linked to HPV infection. Colleagues say Perry, whose mother and father both suffered from cancer, has often shown passion over the issue, such as in his pivotal role in creating the Cancer Prevention and Research Institute of Texas.

But over and against the arguments of conservatives, the Texas governor rejected any suggestion that the STD vaccine encouraged sexual activity.

“Providing the HPV vaccine doesn’t promote sexual promiscuity any more than the Hepatitis B vaccine promotes drug use,” Perry argued days after issuing the order.

Although some say the executive order violated parents’ rights, the text of the order altered then-current protocol to allow parents to submit a “conscientious objection affidavit” as an opt-out – a provision that opponents denounced as inadequate.

Some also criticized the move as a symptom of political pandering: World Net Daily cites potential ties Perry had to the pharmaceutical giant through two former Perry chiefs of staff who worked for Merck (the pharmaceutical company behind the vaccine), and a current chief of staff whose mother-in-law worked there. Merck’s political action committee also donated $6,000 to Perry’s re-election campaign.

Politico recently reviewed FOIA-obtained emails from Perry’s office regarding the Gardasil decision. They found little defining the governor’s own stance in negotiations, but noted the matter appeared settled before the email chain began, six months before the executive order.

Although he stood firmly beside his “pro-life position” on Gardasil as late as last year, the governor has recanted his position after stepping onto the presidential stage.

“I readily stand up and say I made a mistake on that,” Perry said last Monday on an Iowa radio call-in show. 

Conservatives appear torn over the apology. RedState blogger Streiff has dismissed the HPV hullaballoo as “a nothingburger”; however, National Review’s Michelle Malkin vociferously rejected the backpedaling and accused Perry of “borrowing a tried-and-true Alinskyite page from the progressive left” with “human-shield demagoguery” for his emotional anti-cancer defense of the mandate.

Hate crimes legislation

Another spot on Perry’s record noted by conservatives is his signing of a hate crimes measure, which included special protections based on sexual orientation, shortly after becoming governor in 2001. 

The measure, known as the James Byrd Jr. Hate Crimes Act, was named after a Texas black man killed by three white men, but also included special protections for sexual orientation, including both homosexuality and heterosexuality. George W. Bush, Perry’s predecessor as Texas governor, had refused two years earlier to support the measure based on his objection to any hate crime law, saying that all crimes are hate crimes.

Perry spokesman Mark Miner did not comment on the matter to LifeSiteNews.com.

Gary Glenn, Executive Director of American Family Association of Michigan, wrote in June that he was “disappointed” in Perry over the 2001 law, which he called “arguably the most dangerous element of homosexual activists’ political agenda.”

An unanswered question

In terms of personal pro-life beliefs, perhaps one of the most salient questions is also the most mysterious.

A quick search on Perry’s pro-life beliefs turns up a claim from OnTheIssues.org that the rural Texan native “said he believes abortion should be legal only in cases involving rape or incest or when carrying a pregnancy to term would threaten the woman’s life.” The site references an Associated Press article appearing on FoxNews.com Jun 25, 2002.

Neither the Associated Press nor Fox News have responded to LifeSiteNews.com’s requests for the article in question, and Perry’s spokesman also did not respond to inquiries. Two top pro-life leaders connected to Perry, one national and one state level, both told LifeSiteNews.com they were unaware if the claim was accurate.

However, one leader, Texas Right to Life executive director Elizabeth Graham, told LSN that Perry did not support exceptions for rape and incest.

“Governor Perry has been consistent in his position in that he opposes all abortion and he recognizes that there are very rare instances in which an abortion may be necessary to prevent the death of the mother,” said Graham.

Texas Alliance for Life founding executive director Joe Pojman, Ph.D., said a recent sonogram bill that excluded children conceived in rape or incest, as well as other exceptions, had not been influenced towards including the exceptions by the governor’s office.

Two local pro-life leaders sound off

The two state pro-life leaders LifeSiteNews.com spoke with were enthusiastic about Perry, although they conceded that the governor erred considerably at least once.

“Almost all the time he’s correct, but this time he wasn’t,” said Pojman, referring to the Giuliani endorsement.

Texas Right to Life’s Graham also said that the Giuliani endorsement was a surprise and a “departure from his typically pro-life views.” “It was just surprising because Gov. Perry has never been compromising with life,” said Graham, who says she tried to talk Perry out of what she described as a purely political move.

The leaders’ faith in Perry’s pro-life beliefs, however, appeared unshaken.

Pojman, a former aerospace engineer who has worked with Perry on pro-life issues since 1999, recalled the candidate’s rumored “serious arm twisting” in the state Senate as lieutenant governor to speed passage of a parental notification law, a legacy followed up by a record of hard work against abortion.

“This issue really is dear to his heart, he understands it and he has always made it a priority,” Pojman said. “He’s not necessarily going to put it in every speech because he knows he’s got to get elected, but ... he’s not going to run from it, because it’s just who he is.”

Peter J. Smith contributed to this report.


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LifeSiteNews staff

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Quebec groups launch court challenge to euthanasia bill

LifeSiteNews staff
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

LifeSiteNews staff
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

Tony Gosgnach
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.

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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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