Court rules California amendment defending marriage is ‘unconstitutional’
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.”
Pro-life group asks: Pray for abortionists who sell baby body parts
February 11, 2016 (LifeSiteNews) - This Lent, a pro-life group would like you to pray for an abortionist - specifically, an abortionist who facilitates the sale of unborn babies' body parts.
The Pro-Life Action League is asking for people to pray for three people in particular throughout the 40 days of Lent. All three were caught on video by the Center for Medical Progress.
Dr. Deborah Nucatola appeared in the first video released last July, sipping red wine and stabbing her salad as she discussed the dismemberment of aborted children, including where to “crush” their bodies for a "less crunchy" technique.
The second is Dr. Mary Gatter, who appeared in the second undercover video, haggling over the prices Planned Parenthood expected to receive for the aborted children's organs and tissue. At one point, she joked that she wants the revenue to pay for “a Lamborghini.”
And the third is Planned Parenthood CEO Cecile Richards, who was also caught in the first video praising Dr. Nucatola.
Despite the shocking evidence uncovered by CMP, Richards has insisted her organization did not receive any profit for what she dubs its "fetal tissue donation program." She apologized only for Dr. Nucatola's "tone." She has since said that Planned Parenthood will not receive any remuneration for babies' body parts.
"These three architects of Planned Parenthood’s baby parts scheme have devoted their lives to the destruction and exploitation of human life in the name of ‘choice,’" said Eric Scheidler, executive director of the Pro-Life Action League. "If we won’t pray for them, who will?”
He asked Christians to pray for these three abortion industry profiteers - and for Richards, who is a post-abortive woman - in order to fulfill Jesus Christ's commandment in the Bible, “Love your enemies, and pray for those who persecute you” (St. Matthew 5:44).
“In God’s eyes, what abortion has done to these three women may be worse than what they’ve done to unborn children, who now rest in our Lord’s loving arms," Scheidler said.
For most Catholics, Lent began yesterday on Ash Wednesday, and lasts 40 days.
Texas AG faces ethics probe for defending conscience rights of natural marriage supporters
AUSTIN, Texas, February 11, 2016 (LifeSiteNews) – The attorney general of the state of Texas is facing an ethics investigation for having affirmed the constitutional religious freedom of state workers to decline to issue marriage licenses to same-sex couples if it goes against their religious beliefs.
Attorney General Ken Paxton took steps to address the issue of conscience protection in his state before and after last June's Supreme Court's Obergefell decision imposing same-sex "marriage" on all 50 states, first issuing a statement the day prior clarifying that Texas law recognizes the definition of marriage as between one man and one woman and recommending that state officials wait for direction from his office should the High Court move to redefine marriage.
Paxton then issued a statement two days after the ruling, his office allowing county clerks and their employees to retain religious freedoms that may allow accommodation of their religious objections to issuing marriage licenses to same-sex couples, and said as well that justices of the peace and judges would similarly retain religious freedoms.
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A month later, a group of some 200 attorneys filed a complaint asserting that Paxton's position encouraged officials to violate the U.S. Constitution and break their oaths of office, according to ABC News.
The complaint was dismissed at first by the Office of Chief Disciplinary Counsel of the State Bar of Texas, but it was reinstated February 2 by a state Supreme Court-appointed appeals board, which contended that the complaint alleges a "possible violation" of professional conduct rules.
The appeals board decision to reinstate the case does not mean Paxton violated professional ethics, according to the ABC report, but does require him to respond to the complaint in conjunction with the investigation.
"The complaint has always lacked merit," said Paxton spokeswoman Cynthia Meyer, "and we are confident the legal process for resolving these complaints will bear that out."
Paxton was among several state officials across the U.S. who moved to ensure conscience protection in the immediate aftermath the Obergefell ruling, at times garnering the ire of homosexual activists.
Last July, South Dakota's attorney general granted permission to county clerks with conscientious objections to opt out of issuing marriage licenses to same-sex couples as long as another clerk in the office would issue the license.
In a highly contentious case, Davis had asked for a religious accommodation allowing her office to issue altered licenses to homosexuals without her name on them, which was eventually granted by Kentucky's Governor Matt Bevin. However, the ACLU sued, seeking to force Davis to issue the old forms with her full name on them. A federal judge rejected the suit earlier this week.
Last year, homosexual activists sent harassing messages, including threats of violence, to Oklahoma State Senator Joseph Silk and his family after the Republican legislator sponsored a bill that would have given the state's business owners the freedom to follow their religious convictions in regard to homosexual "marriage."
Paxton faces penalties varying between a reprimand and disbarment resulting from the ethics complaint. The Texas attorney general is also facing securities fraud charges.
This pro-abortion billionaire may run for president
NEW YORK, February 11, 2016 (LifeSiteNews) - He's an upwardly mobile, socially liberal billionaire whose political affiliation has changed numerous times over the years. He's teased numerous presidential campaigns in the past, but this time he's talking like he's serious. And no, he's not who you think he is.
Michael Bloomberg, who served three terms as mayor of New York City, has confirmed to media sources that he is considering running for president as an independent in 2016.
Bloomberg told told the Financial Times this week that he finds American political "discourse and discussion distressingly banal and an outrage and an insult to the voters," and that he's “looking at all the options."
The 73-year-old tycoon was a registered Democrat before switching parties to run in the less contested Republican primary in 2001. He became a registered independent in 2007.
As mayor, Bloomberg governed as a social liberal who strongly supported abortion and the LGBT political agenda.
In 2011, Bloomberg signed a controversial gag order directed at crisis pregnancy centers. A year later, he endorsed Barack Obama's re-election, saying that abortion-on-demand is part of "the world I want to leave my two daughters, and the values that are required to guide us there."
That's the same year Bloomberg Philanthropies announced a $50 million undertaking to expand "reproductive health," including a major partnership with Planned Parenthood-Global to overturn pro-life laws in four nations: Nicaragua, Sengal, Uganda, and Burkina Faso.
Mayor Bloomberg played a pivotal role redefining marriage in New York state, giving the four Republican state senators who voted for New York’s same-sex “marriage” bill the maximum campaign contribution allowed by law. One retired and a second lost his primary fight.
His strong emphasis on health regulations, such as attempting to ban soft drinks larger than 16 ounces, did little to enhance his popularity and were deftly parodied by Sarah Palin. (A state court struck down the proposed regulation.)
The financial heft he could bring into the race, as well as his quirky politics, has tempted Bloomberg to enter presidential politics in the past. He considered a presidential run in 2008 and thought more strongly about a third party bid in 2012, after hosting the inaugural convention of the “No Labels” movement in New York City in 2010, but he backed off each time after not seeing a viable path to victory.
With an estimated fortune of $39 billion, he has said he would be willing to spend more than $1 billion on his campaign in 2016 - but he would only enter the race if the Republican Party nominates Donald Trump or Ted Cruz, and the Democratic Party nominates Bernie Sanders.
He called Jeb and Hillary Clinton "two quality” candidates and "the only two who know how to make the trains run." Jeb reciprocated last month, telling CNN that Bloomberg is "a good person, and he’s a patriot and wants the best for the country.”
At least one of his competitors is eager to see Mike run. "I hope he gets into the race," Donald Trump told Greta Van Susteren on Fox News Wednesday night. "I'd love to compete against him...I would love to see Michael in the race."
That is likely because polling shows Bloomberg would draw most of his support from the Democratic candidate. "Although he is characterized as the New York counterpunch to Trump, Mayor Mike Bloomberg is more the nemesis of Bernie than he is of Donald," said Tim Malloy, assistant director of the Quinnipiac University Poll.
Bernie Sanders would defeat both Trump and Cruz in a head-to-head match, according to Quinnipiac. But if Bloomberg entered the race, he would win 15 percent of the vote largely from Sanders, giving Trump a one-point victory in the popular vote (and narrowing Cruz's loss to one point).
However, he could throw a major wrench in the Democrats' electoral college total, according to columnist Pat Buchanan.
"Not only would Bloomberg lose the Big Apple, his statewide vote would come mostly from the Democratic nominee, giving Republicans the best opportunity to carry the Empire State since Ronald Reagan coasted to re-election in 1984," wrote Buchanan, who served as White House communications director during Reagan's second term.
“It’s not beyond imagining that he could get in and have an effect on the race,” Sen. Sheldon Whitehouse, D-RI, told The Hill.
Perhaps sensing this, numerous Democrats - including Senators Claire McCaskill and Jeanne Shaheen - have thrown cold water on a Bloomberg presidential run.
Democratic National Committee chairwoman Debbie Wasserman Schultz, a Florida congresswoman, said this week that an independent Bloomberg candidacy "won't be necessary" - because the Democrats already represent social liberals.
"I really think when he takes a good hard look, he will conclude that the issues that are important to him...[have] a natural home among our Democratic candidates," she said. "And so, I think Michael Bloomberg's agenda is well cared-for and advanced among our Democratic candidates, and his candidacy, I think he will find, won't be necessary.""
His entrance into the race would be a true injection of "New York values" - making him the third or fourth New Yorker in the race - alongside fellow billionaire Trump from Queens, the Brooklyn-born Sanders, and onetime New York Senator Hillary Clinton.
Annie Linskey, a reporter for the Boston Globe who once worked for Bloomberg, told Fox News on Monday that there is "about a four" percent chance that Bloomberg will run.