Ben Johnson

Judge’s ruling puts polygamy on the way to legal recognition

Ben Johnson
Ben Johnson
Image

SALT LAKE CITY, December 16, 2013 (LifeSiteNews.com) – A federal judge may have put polygamy on its first step to legal recognition, striking down part of a Utah law that criminalized plural marriage.

The lawsuit was brought by Kody Brown, star of the TLC reality series Sister Wives. Brown lives with Meri, Janelle, Christine, and Robyn, and their brood of 17 children. However, he is legally married only to Meri.

Utah, a majority Mormon state that had to outlaw polygamy before being admitted to the union in 1896, deems living together in the manner of a polygamous couple a felony.

U.S. District Judge Clark Waddoups ruled on Friday that the state could continue to ban polygamy “in the literal sense – the fraudulent or otherwise impermissible possession of two purportedly valid marriage licenses.” But it could not arrest people who voluntarily choose to live together in a common law plural marriage.

Waddoups cited the legal precedents that led to same-sex “marriage” and abortion-on-demand in his 91-page ruling in Brown v. Buhman.

Waddoups cited Lawrence vs. Texas, the 2003 Supreme Court case that ruled a Texas anti-sodomy law “unconstitutional.” The ruling, written by Justice Anthony Kennedy, cited foreign law in its legal reasoning and played a large role in two Supreme Court cases this summer striking down bans on gay “marriage.”

The judge also used the legal framework that granted a constitutional “right” to abortion-on-demand, saying polygamy in all but name fell under the couple's right to privacy.

Waddoups said legal precedent since courts outlawed polygamy have resulted in “a significant strengthening of numerous provisions of the Bill of Rights, and a practical and morally defensible identification of 'penumbral' rights 'of privacy and repose' emanating from those key provisions of the Bill of Rights.” The “penumbral” quotation is taken from Griswold v. Connecticut, the Supreme Court precedent that created the “right to privacy” later employed as the basis for a constitutional “right” to abortion in Roe v. Wade.

In essence, he said, the couples had the right to arrange their sexual life as they wished, as long as they did not hold more than one marriage license at a time.

Critics said the ruling eroded legal protections given to children and significantly harmed society.

“This ruling confuses the private desires of individuals with the institution of marriage as a whole,” Dr. Jennifer Roback Morse of The Ruth Institute told LifeSiteNews.com. “I have no doubt that these individual women and Mr. Brown are living this plural marriage lifestyle voluntarily. What I dispute is that they are the only ones affected by changing the law to permit plural cohabitation or plural marriage.”

“Polygamous societies look very different from monogamous societies,” Dr. Morse told LifeSiteNews. “In polygamous societies, wealthy men are at a huge competitive advantage over men of average means. The wealthy men, in effect, take more than their share of women. This triggers a whole series of reactions. The society begins to sanction the marriage of younger and younger women, sometimes no more than girls, to satisfy the demand for brides. The men grow more and more possessive and treat women more like possessions and less like people.”

“I challenge the advocates of legalized plural marriage to find an example of a polygamous society in which these things have not happened,” she said.

Following this summer's setbacks on gay “marriage,” family advocates say society is increasingly putting adults' libidos ahead of children's health.

Tony Perkins, president of the Family Research Council, asked, “Can we as a society any longer even define marriage coherently?”

"Throughout history, marriage has been future-oriented, focused on the next generation and the best interests of children. The reality is that society needs children, and children need a mom and a dad,” he said. “However, redefining marriage to fulfill the desires of same-sex couples or polygamists only moves society away from this vital public interest and creates social chaos.”

Russell D. Moore, president of the Southern Baptist Convention's Ethics and Religious Liberty Commission (ERLC), agreed.

“This is what happens when marriage becomes about the emotional and sexual wants of adults, divorced from the needs of children for a mother and a father committed to each other for life,” he said. “Polygamy was outlawed in this country because it was demonstrated, again and again, to hurt women and children.”

“Sadly, when marriage is elastic enough to mean anything, in due time it comes to mean nothing,” he added.

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

Polygamy advocates rejoiced at the decision.

"Now that we're no longer felons, that's a huge relief," Anne Wilde, the co-founder of the pro-polygamy group Principle Voices told The Associated Press. "This decision will hopefully take away the stigma of living a principle that's a strongly held religious belief."

Brown, who belongs to a fundamentalist Mormon offshoot known as the Apostolic United Brethren Church, also said his case had been founded on religious liberty.

“While we know that many people do not approve of plural families, it is our family and based on our beliefs,” Brown said in a statement. “Just as we respect the personal and religious choices of other families, we hope that in time all of our neighbors and fellow citizens will come to respect our own choices as part of this wonderful country of different faiths and beliefs.”

Moore responded, “When reality TV scenarios drive our judicial decisions, we’ve truly reached a strange time in American life.”

Conservatives said the decision vindicated their longstanding argument that, if gay “marriage” were legalized, there would be no way to continue to forbid polygamy, or perhaps incest.

Rick Santorum said on Twitter, “Some times I hate it when what I predict comes true.” Santorum said in 2003 the Lawrence decision would lead to polygamy.

“We have warned of this slippery slope for years,” said Mat Staver, the chairman of Liberty Counsel. “Same-sex 'marriage' is the abolition of marriage and will destroy the most basic foundation of family and civil society.”

Aside from pro-family groups, the shocking decision made few waves at the national level.

Utah Governor Gary Herbert, a Republican, made a far more restrained response, saying today that he had not yet read the decision but would “much rather see decisions on social issues” made by elected legislators instead of unelected judges.

But opponents of the ruling say it is the substance, rather than the process, of legitimizing polygamy that concerns them.

“No one is taking responsibility for the systemic changes to marriage,” Dr. Morse told LifeSiteNews, nor thinking about “how a change in the laws that seems to protect individuals turns out to have long-term, systemic affects that harm lots of people.”

Waddoups, a well-respected private attorney, was appointed to the bench by President George W. Bush in 2008 without any previous judicial experience.  

Help us expose Planned Parenthood

$5 helps us reach 1,000 more people with the truth!


Advertisement
Featured Image
Shutterstock.com
Dustin Siggins Dustin Siggins Follow Dustin

, , ,

Christian clerk fights on as Sixth Circuit orders her to issue gay ‘marriage’ licenses

Dustin Siggins Dustin Siggins Follow Dustin
By Dustin Siggins

ROWAN COUNTY, KY, August 27, 2015 (LifeSiteNews) -- A federal appeals court has ordered Christian clerk Kim Davis to provide same-sex “marriage” licenses, but she’s refusing to give in.

Davis, a Democrat, says that her Christian beliefs will not allow her to issue licenses for same-sex “marriages.” Despite pressure from Democrat Gov. Steve Beshear, a lawsuit from the ACLU, and two federal court rulings, Davis has refused to issue any licenses while the matter is still working its way through the courts.

However, the Sixth District Court of Appeals said Davis must issue the licenses.

While critics say Davis must follow the law as a public employee, she says the First Amendment protects her decision even as a government worker. In addition to being sued by the ACLU, she has pro-actively taken her case to court.

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

Beshear told all government employees that "you can continue to have your own personal beliefs, but, you’re also taking an oath to fulfill the duties prescribed by law, and if you are at that point to where your personal convictions tell you that you simply cannot fulfill your duties that you were elected to do, then obviously an honorable course to take is to resign and let someone else step in who feels that they can fulfill those duties.”

The initial court decision against Davis was stayed 10 days ago. Liberty Counsel's Mat Staver, whose organization represents Davis, told CNN that they might appeal to the U.S. Supreme Court and are hoping the high court would issue a stay of the Sixth Circuit ruling in the interim.

A poll of Kentucky voters that was released last month found that 50 percent of the state backs natural marriage, while only 37 percent supported its redefinition. 

Advertisement
Featured Image
Steve Weatherbe

,

Christians at Duke U refuse to read lesbian porn novel assignment

Steve Weatherbe
By Steve Weatherbe

DURHAM, NC, August 27, 2015 (LifeSiteNews) -- Christian freshmen at Duke University are refusing to read an assigned graphic novel depicting masturbation and homosexual intercourse. The university says the assignment was optional and won’t discipline the holdouts.

Brian Grasso emerged as the spokesperson for the dissenters after he posted his decision on the Class of 2019’s closed Facebook page. Opponents have done their best to mock and deride the holdouts as ignoramuses who don’t belong at Duke, but Grasso has addressed all their jibes, first to Duke’s student paper and then in an op-ed in the Washington Post, intelligently and engagingly.

The book at issue is Fun Home, a fictional depiction by lesbian artist Alison Bechdel of growing up with a homosexual, suicidal dad and discovering sex with other girls. “After researching the book’s content and reading a portion of it, I chose to opt out of the assignment,” Grasso told Post readers, explaining he was not opposed to learning about homosexuality any more than he would be with the ideas of “Freud, Marx or Darwin,” though he might find them immoral too.

“But in the Bible,” he went on, “Jesus forbids his followers from exposing themselves to anything pornographic. ‘But I tell you that anyone who looks at a woman lustfully has already committed adultery with her in his heart,’ he says in Matthew 5:28-29. ‘If your right eye causes you to stumble, gouge it out and throw it away.’” He then cited St. Paul to support his argument.

Grasso knew Christians would be in the minority at Duke, he admitted, but what surprised him was that Duke would blithely assign something so obviously offensive to this minority. “Duke did not seem to have people like me in mind. It was like Duke didn’t know we existed, which surprises me.”

But Patrick Reilly, the president of the Cardinal Newman Society, an organization devoted to promoting American Catholic orthodoxy at Catholic universities, isn’t surprised. “American society has been moving away from Christian values or even neutrality, especially at secular institutions but even at Catholic and other Christian schools,” Reilly told LifeSiteNews. He urged Catholic and other Christian parents and high school students to choose their universities carefully.

Other freshmen have supported Grasso: Bianca d’Souza said the novel’s ideas were important but the salacious content unnecessary and offensive. Jeffrey Wubbenhorst wrote, “”The nature of ‘Fun Home’ means that the content that I might have consented to read in print now violates my conscience due to its pornographic content.”

But others from the class of 2019 responded, “Reading the book will allow you to open your mind to a new perspective and to examine a way of life and thinking with which you are unfamiliar.”

In the same vein students wrote the Duke student newspaper Chronicle, mocking the dissenters with references to a Dr. Seuss children’s book. “Mermaid Warrior,” for example, wrote, “I’m sure there are people who think Cat in the Hat sends bad messages. That’s a big problem I have with complaints like these, ‘I shouldn’t be expected to read stuff I disagree with!’ It’s like, guess what, there’s no way to find something that everyone will agree with.”

But Grasso makes clear his issue isn’t with disagreeable ideas at all. “I think there is an important distinction between images and written words. If the book explored the same themes without sexual images or erotic language, I would have read it. But viewing pictures of sexual acts, regardless of the genders of the people involved, conflict with the inherent sacredness of sex. My beliefs extend to pop culture and even Renaissance art depicting sex.”

Inevitably, Duke itself weighed in. The book was selected for summer reading by the freshman class, explained Duke’s vice president or public affairs, Michael Schoenfeld, “because it is a unique and moving book that transcends genres and explores issues that students are likely to confront.”

After touting its artistic value and noting that a Broadway adaptation won the Best Musical award for 2015, he noted that the book was not a requirement and there would be no examination or grading. He expressed the hope that Duke’s 1,750 freshmen would arrive with open minds willing to “explore new ideas.”

But for all that, Schoenfeld did not explore the issues raised by Grasso: morality, pornography and the sexualization of relations.

Share this article

Advertisement
Featured Image
John Jalsevac John Jalsevac Follow John

Aborted babies’ hands too disturbing? Solution: chop them off before shipping the bodies

John Jalsevac John Jalsevac Follow John
By John Jalsevac
Image

August 26, 2015 (LifeSiteNews) - As if we needed more evidence that many of those in the abortion industry know perfectly well what they are doing, along comes the latest undercover video from the Center for Medical Progress (CMP).

The video includes disturbing undercover footage of a conversation with Cate Dyer, the CEO of StemExpress, a biomedical firm that acquires the bodies of aborted babies from Planned Parenthood clinics.

During that conversation Dyer infamously jokes with an undercover investigator about the need to warn lab techs ahead of time when a fully “intact” aborted baby's cadaver is being shipped to them.

But there it is: that hand, in all of its beauty, and its horror. Beautiful, as every hand is beautiful. Horrific, in that it is attached to a dismembered arm, yanked out of its socket, and swimming in a pool of the baby’s intestines and other body parts, to be bartered over and sold. 

“If you have intact cases, which we’ve done a lot, we sometimes ship those back to our lab in its entirety,” she says. "Tell the lab it's coming, so they don't open the box and" scream. "Their lab techs freak out and have meltdowns."

"Academic labs cannot fly like that, they are just not capable," Dyer adds condescendingly. "It's almost like they don't want to know where it comes from. I can see that."

But don’t worry, Dyer makes it clear she knows exactly where fetal tissue comes from, and isn't bothered in the least.  However, she agrees with a joke made by the undercover investigator, that if you’re going to be shipping the intact body of an aborted baby, it would be best to always make sure that the “eyes are closed.”

But surely the saddest part of the conversation comes when Dyer reveals how some of those squeamish lab techs manage to get around their natural repugnance at receiving little, perfectly-formed babies’ bodies in the mail, which they will then slice and dice – all in the name of “medical progress,” of course.

Follow John Jalsevac on Facebook

She says that she often receives instructions from scientists who experiment on aborted babies that, "We need limbs, but no hands and feet need to be attached."

A curious request, no? But then again, there is something especially pesky about those tiny hands and feet, isn’t there?

Human hands are, after all, a true marvel of nature – so far surpassing in dexterity the appendages of any other mammal, the unparalleled tools that have enabled human beings to build empires, create art of breathtaking beauty, and to express themselves in myriad different ways. So marvelous, in fact, that Isaac Newton is reported to have said, “In the absence of any other proof, the thumb alone would convince me of God’s existence.”

Not only are hands and feet useful, but they knit human beings together in intimacy: lovers will hold or squeeze their beloved's hands, and friends will soothe their friends in time of sorrow by taking their hands. And then there is the case of new parents, who will go into raptures over the hands and feet of their newborn babies, and speak, using the foolish language of love, of wanting to “eat” them. Mothers will shower their newborn babies’ feet with kisses, and tickle them, and will study and fall in love with every dimple, every crease.

Perhaps that is why so many people found the fifth (or was it the sixth? I’m losing track of the horrors) video so disturbing: that footage inside the lab, when the man behind the camera uses his tweezers to delicately lift up a dismembered arm, with the hand still attached.

That arm, it is true, would not have been half so disturbing, were it not for the hand. But there it is: that hand, in all of its beauty, and its horror. Beautiful, as every hand is beautiful. Horrific, in that it is attached to a dismembered arm, yanked out of its socket, and swimming in a pool of the baby’s intestines and other body parts, to be bartered over and sold. 

Before this, we have heard the lab techs on camera identifying the baby as a twin, at about 20-weeks gestation. In other words, a baby on the very verge of viability.

But no mother will gaze in raptures at those hands and those feet. Instead, Planned Parenthood will discuss how much they can “get” for each "specimen." And perhaps Cate Dyer will instruct her staff to cut off the hands or the feet before shipping the limbs to those too-tender-hearted lab techs who might “freak out” and “have a meltdown” at being forced to see too much of the truth.

But what does it say about us, and our politicians, that the videos with those pesky hands and feet are out there circulating, watched by millions, and yet we are not “freaking out” or having any meltdowns?

Instead, our politicians are dismissing the video as being "highly edited," as if David Daleiden of CMP is a CGI wizard who can conjure up dismembered limbs at will, and even though even Planned Parenthood has never denied the existence of those dismembered arms and legs, but has only implausibly denied that they are illegally "profiting" from the sale of the appendages - as if illegally profiting from the sale is somehow worse than the fact that they have dismembered the babies in the first place. 

If the dismembered hands and feet aren't enough to awaken our consciences, and to force our politicians to stop the massacre, what will be? I fear the answer to that question. 

Follow John Jalsevac on Facebook

Share this article

Advertisement

Customize your experience.

Login with Facebook