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Derrick Wilburn

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Gay “Marriage”—the Chicken or the Egg?

Derrick Wilburn
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An ever-increasing number of states adopting some form of legalized homosexual “marriage” is the contemporary revival of the age-old question, “which came first, the chicken or the egg?”  The modern version of this question is, “are states legalizing gay marriage because more Americans are in favor of it, or, are more Americans in favor of it because states are legalizing it?”

With state after state in the USA adopting some form of legalized homosexual marriage it would be easy to reach the conclusion that times are changing and American values are shifting in the direction of acceptance of homosexual union. While there is some movement in public perceptions the answer to the question is “well, yes and no”. Yes, there is a shift among Americans toward gay marriage – but certainly not all Americans. In fact this shift is taking place among a very tiny fraction of American citizens. One such individual is Richard L. Young.

Mr. Young is a U.S. District Court Judge in Indiana who struck down the state’s constitutional definition of marriage (as voted upon by the majority if residents of the state) as being between one man and one woman. No, Americans in general are not screaming for gay marriage. Yes, some Americans are moving in the direction of legalized same-sex marriage, it so happens that the citizens who seem most in favor of redefining marriage are known by a single word -- judges.

While it probably is true that perceptions are slowly shifting among the populace en masse, such tidal changes typically take decades if not generations to show up as legislative changes, let alone constitutional ones. The wave of states legalizing same-sex marriage unions is not the result of shifting values in America, it is the result of amazingly resilient and determined activists using the courts to overturn the will of the people.

Homosexual marriage amendments (or state-constitutional bans thereof) have been placed on ballots 34 times and have been defeated 31 times. Yes, even in California Proposition 8 -- an amendment to the state's constitution that denied same-sex couples the constitutional right to marry -- passed overwhelmingly. Yet California has same-sex marriage. Why? How is that possible if the masses spoke, and in California's case spoke loudly?

What’s happening in state after state is not the citizenry is giving its seal of approval to same-sex marriage -- in fact, we are doing quite the opposite. Then once a measure fails lawyers funded by activists file lawsuits and begin a legal process. If and when the first attempt fails they file an appeal and try again. And again. And again. These lawsuits run up through the court system until finally landing on the desk of a judge sympathetic to the cause. That judge then takes the will of the people as expressed through the ballot box and with the stroke of a pen throws it out.

There are currently nineteen states that have legalized same-sex marriage, of those nineteen just three have done so as a result of the popular vote of the people (Maine, 2012; Maryland, 2013; Washington, 2012.) On this topic at least, the desire of the voting public is secondary to the desire of the judicial ruling class. And it is a very small class indeed. Our nation’s direction as it relates to gay-marriage is being determined not by the tabulation of hundreds of thousands if not millions of votes per state. No, it is being determined by men like Richard Young. 

Another such individual, Justice Henry F. Floyd serves on the Fourth U.S. Circuit Court of Appeals in Richmond, Virginia. He along with a colleague similarly ruled that Virginia’s constitutional provision for definition of marriage has got to go. Last month (on July 28, 2014) the two of them overturned the state’s (aka: the people’s) constitution. Virginians voted 57 to 43 percent (a thorough drubbing) in 2006 to amend the state’s constitution thus banning gay marriage. It was clearly what the people wanted. Mr. Floyd sees things differently and in essence said to the people of Virginia, “Sorry, you rubes.” If that weren’t enough, the 4th Circuit’s decision will also apply to all other states in the district (Maryland, North Carolina, South Carolina, Virginia, West Virginia.)

Including the forementioned Indiana that makes six states with a combined population of approximately thirty-seven million people; the will of those people as expressed in the writing and amending of their state’s constitution has been obliterated by but three individuals.

Since the Supreme Court’s dismantling of the Defense of Marriage Act one year ago there now has been twenty consecutive federal court decisions in favor of same-sex marriage. Twenty in a row! The decision did not embolden gay-marriage activists to continually present the issue to Americans as ballot initiatives, rather it opened the floodgates to sue, sue, and sue some more. Note the headlines of the following articles, all published in 2014:

SIX COUPLES FILE LAWSUIT

FEDERAL APPEALS COURT STRIKES DOWN BAN

FEDERAL JUDGE STRIKES DOWN STATES BAN ON GAY MARRIAGE

ACTIVISTS CHEER COURT RULING

Notice any commonality? None dealing with actual election results because the election results are consistent and are not something for gay-marriage proponents to applaud. None tout the idea of letting our systems of self-governance run its course. None trumpeting “We the People”. Rather all of these stories (and I could easily have posted links to dozens and dozens) have gay-marriage proponents applauding court decisions, not election results.

So don't be fooled into thinking “Americans now want same-sex marriage.” The truth is, “a handful of Americans now want same-sex marriage.” It so happens that some of that handful have jobs that grant them the power to simply overrule the will and desire of the masses, even if only temporarily. As it relates to this particular topic, we are not being governed according to the will of the people. We are being governed by the wills of two or three or so.

Voters have chosen to define marriage as between “one male and one female” in 31 states.  In 15 of those states the will of the people has been summarily overturned by a judge. All 15 of those rulings from the bench have occurred in the last 10 years. The remaining state constitutions are under attack as you read this. When it comes to legalized homosexual-“marriage” versus state’s rights we now know which came first – it was the chicken.

This article was first publishes on American Thinker and has been re-published with permission of the author. Derrick Wilburn is the founder, President and Chairman of the Board of the Rocky Mountain Black Conservatives, American Conservatives of Color, and BlackandConservative.com

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Newsbusters Staff

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Disney ABC embraces X-rated anti-Christian bigot Dan Savage in new prime time show

Newsbusters Staff
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March 30, 2015 (NewsBusters.org) -- Media Research Center (MRC) and Family Research Council (FRC) are launching a joint national campaign to educate the public about a Disney ABC sitcom pilot based on the life of bigoted activist Dan Savage. MRC and FRC contacted Ben Sherwood, president of Disney/ABC Television Group, more than two weeks ago urging him to put a stop to this atrocity but received no response. [Read the full letter]

A perusal of Dan Savage’s work reveals a career built on advocating violence — even murder — and spewing hatred against people of faith. Savage has spared no one with whom he disagrees from his vitriolic hate speech. Despite his extremism, vulgarity, and unabashed encouragement of dangerous sexual practices, Disney ABC is moving forward with this show, disgustingly titled “Family of the Year.”

Media Research Center President Brent Bozell reacts:

“Disney ABC’s decision to effectively advance Dan Savage’s calls for violence against conservatives and his extremist attacks against people of faith, particularly evangelicals and Catholics, is appalling and outrageous. If hate speech were a crime, this man would be charged with a felony. Disney ABC giving Dan Savage a platform for his anti-religious bigotry is mind-boggling and their silence is deafening.

“By creating a pilot based on the life of this hatemonger and bringing him on as a producer, Disney ABC is sending a signal that they endorse Dan Savage’s wish that a man be murdered. He has stated, ‘Carl Romanelli should be dragged behind a pickup truck until there’s nothing left but the rope.’ ABC knows this. We told them explicitly.

“If the production of ‘Family of the Year’ is allowed to continue, not just Christians but all people of goodwill can only surmise that the company Walt Disney created is endorsing violence.”

Family Research Council President Tony Perkins reacts:

“Does ABC really want to produce a pilot show based on a vile bully like Dan Savage?  Do Dan Savage’s over-the top-obscenity, intimidation of teenagers and even violent rhetoric reflect the values of Disney?  Partnering with Dan Savage and endorsing his x-rated message will be abandoning the wholesome values that have attracted millions of families to Walt Disney.”

Dan Savage has made numerous comments about conservatives, evangelicals, and Catholics that offend basic standards of decency. They include:

  • Proclaiming that he sometimes thinks about “f****ing the shit out of” Senator Rick Santorum

  • Calling for Christians at a high school conference to “ignore the bull**** in the Bible”

  • Saying that “the only thing that stands between my d*** and Brad Pitt’s mouth is a piece of paper” when expressing his feelings on Pope Benedict’s opposition to gay marriage

  • Promoting marital infidelity

  • Saying “Carl Romanelli should be dragged behind a pickup truck until there’s nothing left but the rope.”

  • Telling Bill Maher that he wished Republicans “were all f***ing dead”

  • Telling Dr. Ben Carson to “suck my d***. Name the time and place and I’ll bring my d*** and a camera crew and you can s*** me off and win the argument.”

Reprinted with permission from Newsbusters

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Jacqueline Harvey

Ending the end-of-life impasse: Texas is poised to ban doctor-imposed death by starvation

Jacqueline Harvey
By Jacqueline Harvey

AUSTIN, Texas, March 30, 2015 (TexasInsider.org)  After five consecutive sessions of bitter battles over end-of-life bills, the Texas Legislature is finally poised to pass the first reform to the Texas Advance Directives Act (TADA) in 12 years. An issue that created uncanny adversaries out of natural allies, and equally odd bedfellows, has finally found common ground in H.B. 3074 by State Rep. Drew Springer.  

H.B. 3074 simply prohibits doctor-imposed euthanasia by starvation and dehydration.

Since H.B. 3074 includes only those provisions and language that all major organizations are on record as having deemed acceptable in previous legislative sessions, there is finally hope of ending the end-of-life impasse in the Texas Capitol.

Many would be surprised to learn that Texas law allows physicians to forcibly remove a feeding tube against the will of the patient and their family. In fact, there is a greater legal penalty for failing to feed or water an animal than for a hospital to deny a human being food and water through a tube.

This is because there is no penalty whatsoever for a healthcare provider who wishes to deny artificially-administered nutrition and hydration (AANH). According to Texas Health and Safety Code, “every living dumb creature” is legally entitled access to suitable food and water.

Denying an animal food and water, like in this January case in San Antonio, is punishable by civil fines up to $10,000 and criminal penalties up to two years in jail per offense. Yet Texas law allows health care providers to forcibly deny food and water from human beings – what they would not be able to legally do to their housecat. And healthcare providers are immune from civil and criminal penalties for denial of food and water to human beings as long as they follow the current statutory process which is sorely lacking in safeguards.

Therefore, while it is surprising that Texas has the only state law that explicitly mentions food and water delivered artificially for the purpose of completely permitting its forced denial (the other six states mention AANH explicitly for the opposite purpose, to limit or prohibit its refusal), it is not at all surprising that the issue of protecting a patient’s right to food and water is perhaps the one point of consensus across all major stakeholders.

H.B. 3074 is the first TADA reform bill to include only this provision that is agreed upon across all major players in previous legislative sessions.

There are irreconcilable ideological differences between two major right-to-life organizations that should supposedly be like-minded: Texas Alliance for Life and Texas Right to Life. Each faction (along with their respective allies) have previously sponsored broad and ambitious bills to either preserve but reform the current law (Texas Alliance for Life’s position) or overturn it altogether as Texas Right to Life aims to do.

Prior to H.B. 3074, bills filed by major advocacy organizations have often included AANH, but also a host of other provisions that were so contentious and unacceptable to other organizations that each bill ultimately died, and this mutually-agreed-upon and vital reform always died along with it.

2011 & 2013 Legislative Sessions present prime example

This 2011 media report shows the clear consensus on need for legislation to simply address the need to protect patients’ rights to food and water:

“Hughes [bill sponsor for Texas Right to Life] has widespread support for one of his bill’s goals: making food and water a necessary part of treatment and not something that can be discontinued, unless providing it would harm the patient.”

Nonetheless, in 2013, both organizations and their allies filed complicated, contentious opposing bills, both of which would have protected a patient’s right to food and water but each bill also included provisions the rival group saw as contrary to their goals. Both bills were ultimately defeated and neither group was able to achieve protections for patients at risk of forced starvation and dehydration – a mutual goal that could have been met through a third, narrow bill like H.B. 3074.

H.B. 3074 finally focuses on what unites the organizations involved rather than what divides them, since these differences have resulted in a 12 year standoff with no progress whatsoever.

H.B. 3074 is progress that is pre-negotiated and pre-approved.

It is not a fertile springboard for negotiations on an area of mutual agreement. Rather it is the culmination of years of previous negotiations on bills that all came too late, either due to the complexnature of rival bills, the controversy involved, or even both.

On the contrary, H.B. 3074 is not just simply an area of agreement; moreover, it is has already been negotiated. It should not be stymied by disagreements on language, since Texas Alliance for Life and Texas Right to Life (along with their allies) were able to agree on language in 2007 with C.S.S.B. 439. C.S.S.B. 439 reads that, unlike the status quo that places no legal conditions on when food and water may be withdrawn, it would be permitted for those in a terminal condition if,

“reasonable medical evidence indicates the provision of artificial nutrition and hydration may hasten the patient’s death or seriously exacerbate other major medical problems and the risk of serious medical pain or discomfort that cannot be alleviated based on reasonable medical judgment outweighs the benefit of continued artificial nutrition and hydration.”

This language is strikingly similar to H.B. 3074 which states, “except that artificially administered nutrition and hydration must be provided unless, based on reasonable medical judgment, providingartificially administered nutrition and hydration would:

  1. Hasten the patient’s death;
  2. Seriously exacerbate other major medical problems not outweighed by the benefit of the provision of the treatment;
  3. Result in substantial irremediable physical pain, suffering, or discomfort not outweighed by the benefit of the provision of the treatment;
  4. Be medically ineffective; or
  5. Be contrary to the patient’s clearly stated desire not to receive artificially administered nutrition or hydration.”

With minimal exceptions (the explicit mention of the word terminal, the issue of medical effectiveness and the patient’s right to refuse), the language is virtually identical, and in 2007 Texas Right to Life affirmed this language as clarifying that “ANH can only be withdrawn if the risk of providing ANH is greater than the benefit of continuing it.”

Texas Right to Life would support the language in H.B. 3074 that already has Texas Alliance for Life’s endorsement. Any reconciliation on the minor differences in language would therefore be minimal and could be made by either side, but ultimately, both sides and their allies would gain a huge victory – the first victory in 12 years on this vital issue.

It seems that the Texas Advance Directive Act, even among its sympathizers, has something for everyone to oppose.

The passage of H.B. 3074 and the legal restoration of rights to feeding tubes for Texas patients will not begin to satisfy critics of the Texas Advance Directives Act who desire much greater changes to the law and will assuredly continue to pursue them. H.B. 3074 in no way marks the end for healthcare reform, but perhaps a shift from the belief that anything short of sweeping changes is an endorsement of the status quo.

Rather, we can look at H.B. 3074 as breaking a barrier and indicating larger changes are possible.

And if nothing else, by passing H.B. 3074 introduced by State Rep. Drew Springer, we afford human beings in Texas the same legal access to food and water that we give to our horses. What is cruel to do to an animal remains legal to do to humans in Texas if organizations continue to insist on the whole of their agenda rather than agreeing to smaller bills like H.B. 3074.

The question is, can twelve years of bad blood and bickering be set aside for even this most noble of causes?

Reprinted from TexasInsider.org with the author's permission. 

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By John-Henry Westen

I can’t believe how quickly our annual Spring campaign has flown by. Now,with only 3 days remaining, we still have $96,000 left to raise to meet our absolute minimum goal.

That’s why I must challenge you to stop everything, right now, and make a donation of whatever amount you can afford to support the pro-life and pro-family investigative reporting of LifeSite!

I simply cannot overemphasize how important your donation, no matter how large or small, is to the continued existence of LifeSite. 

For 17 years, we have relied almost exclusively on the donations of our growing army of everyday readers like you: readers who are tired of the anti-life and anti-family bias of the mainstream media, and who are looking for a different kind of news agency.

We at LifeSite have always striven to be that news agency, and your ever-faithful support has encouraged us to forge ahead fearlessly in this mission to promote the Culture of Life through investigative news reporting.

You will find our donation page is incredibly simple and easy to use. Making your donation will take less than two minutes, and then you can get back to the pressing duties scheduled for your day. But those two minutes means the world to us!

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Since our humble beginnings in the late 90s, LifeSite has gone from a small non-profit to an international force in the battle for life and family, read by over 5 million people every month

This is thanks only to the leaders, activists, and ordinary readers just like you who have recognized the importance truth plays in turning the tides of the Culture.

I want to thank the many readers who helped bring us within striking distance of our minimum goal with their donations over the weekend. 

But though we have made great strides in the past few days, we still need many more donations if we are going to have any hope of making it all the way by April 1st.

In these final, anxious days of our quarterly campaigns, I am always tempted to give in to fear, imagining what will happen if we don’t reach our goal.

In these moments, however, I instead turn to prayer, remembering that God in his providence has never yet let us down. With His help we have always been given precisely what we need to carry on!

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