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Archive for the ‘Marriage Legalities’ Category

What’s at stake in redefining marriage: More power for the state

January 13th, 2010 1 comment

Expanding the reach of the anti-discrimination law, is almost certainly a side effect of redefining marriage.  The one and only argument for ssm is the equality argument.  it’s crude form, which we saw during the Prop 8 campaign, is “you’re being mean to us. you’re hurting our feelings. it’s not fair.”  incredibly enough, that is what we are now hearing in a federal courtroom. The legal argument is equal protection, but that’s just a dressed up version of the same thing.  And, the plaintiffs have no shame about bringing sob stories into the courtroom.  so, if we accept the equality argument for purposes of marriage, it will be that much easier to accept the equality argument for anti-discrimination purposes. So, contrary to some libertarians who woudl like to think that ssm represents a retreat of the state from civil society, the exact opposite is true. Read more…

Maggie’s take on the Prop 8 trial.

January 8th, 2010 Comments off

In her syndicated column, my friend and colleague Maggie Gallagher makes these points about the upcoming Prop 8 trial. 1. The constitutionality of Proposition 8 should be a matter of law, not a matter of facts. But Judge Walker has ruled that they will have a trial about the facts. Ordinarily, findings of fact by a lower court, cannot be overturned by a higher court.  So the more of his opinions he can stuff into the box labelled “fact,” the harder it will be to overturn. 2. The court has ruled that the private correspondence of the campaign, revealing the “motives” of the campaign are a fair subject for the trial. This is an outrage: the motives of the campaign or the voters should not be on trial. 3. The judge has ordered that the trial be televised, in defiance of federal rules.

Bottom line: the voters of CA are on trial for having the temerity to vote against same sex marriage. Money quote:

After Prop. 8, gay couples continue to enjoy unmolested all the legal civil rights of marriage under California law through civil unions. Who will stand up for the core civil rights of the people of California and the rest of the USA to participate in democracy without fear?

Certainly not Judge Vaughn Walker.

Staging a Show Trial on Prop 8

January 4th, 2010 Comments off

Ed Whelan is all over the Federal Court case against Prop 8 and the legal shennanigans to televise the trial. This case is fast turning into a the worst sort of Soviet-style show trial, designed more to make an example out of dissenters from the regime, than to administer justice.

Any intelligent and fair-minded judge would recognize that the obvious candidates for a pilot program would be low-profile cases that present no apparent risk of intimidation or abuse of trial participants and in which all parties consent to televised coverage. Only an idiot or a hardened ideological advocate for same-sex marriage — and (presiding Judge) Walker is no idiot — would imagine that the Proposition 8 case is a good candidate for the program. Read more…

Marriage Law Digest for December 2009

January 4th, 2010 Comments off

is now available from iMAPP.   The Digest is a summary of significant legal developments concerning marriage during the month of December. Edited by Mr. William Duncan, who is also a member of the Ruth Institute’s Academic Advisory Board, this month’s edition includes cases from around the English-speaking world. This is a valuable resource for anyone who wants links to the important cases. The cases this month include: Read more…

Move afoot to outlaw divorce

November 12th, 2009 Comments off

Charlie Butts – OneNewsNow -

A California man wants divorce outlawed.

John Marcotte has filed for a ballot initiative to protect traditional marriage in the state of California as an extension of the work related to Proposition 8, the voter-approved constitutional amendment that defines marriage as between one man and one woman. In essence, Marcotte’s project would legally ban divorce. Read more…

Jon and Kate plus Eight minus Sane Divorce Laws

November 6th, 2009 7 comments

by Helen M. Alvaré, J.D., Senior Fellow in Law

“Jon and Kate plus Eight.” “Kate plus Eight.” “Jon and the Other Kate.” If there was ever a time we wanted to shield our eyes from supermarket tabloids, this must be it.  Yet, while their story is topping the pop culture charts, it seems fitting to look more closely at it in order to acknowledge not only the emotional wreckage involved, but also the light it sheds on the travesty we call our divorce laws. Read more…

The Limited Government Case for Marriage

November 2nd, 2009 Comments off

by Jennifer Roback Morse, Ph.D. from the book of essays, Indivisible–a project of the Heritage Foundation.

Lifelong monogamy was one of the distinctively Christian contributions to Western civilization. Socialists have attacked every aspect of the social order created around the lifelong, sexually exclusive union of a man and a woman. Same-sex marriage, the current hot button issue, is but one of many issues designed to turn marriage into a collection of individuals loosely stapled together by the state. The Left often uses the rhetoric of individual choice and liberty to advance this project. But the rhetoric is not the reality. Deinstitutionalizing marriage will lead to an expansion of the size and scope of the state. Read more…

GAY MARRIAGE THREATENS ESTABLISHMENT OF BOTH PARTIES

October 31st, 2009 Comments off

Maggie Gallagher, of the National Organization for Marriage hit this right on the head. The black community must take a stand against the attacks of the gay lobby on the black church. http://www.uexpress.com/maggiegallagher/

The Rev. Anthony Evans stepped up to the podium at Stand for Marriage D.C.’s rally last Sunday with a message for D.C. Council Chairman Vincent Gray: The black church will no longer partner with politicians of any race who work against its interests and its values. Read more…

Texas’ marriage amendment under assault

October 8th, 2009 Comments off

Charlie Butts – OneNewsNow -

Texas will appeal a ruling that the state’s Defense of Marriage Act is unconstitutional.

In January, two Texas men who were “married” in Massachusetts three years ago filed for divorce in Dallas. State District Judge Tena Callahan decided to proceed with the case and on Thursday ruled the Lone Star State’s marriage amendment unconstitutional. She ruled that the state ban on same-sex “marriage” violates equal protection under the 14th Amendment of the U.S. Constitution. Read more…

Report on the Panel on “The Politics of Marriage and Family”

October 6th, 2009 1 comment

Report on the Panel on “the Politics of Marriage and Family” at the 2009 National Summit on Marriage, Parenting and Families at Hampton University.

By Lynn D. Wardle, Bruce C. Hafen Professor of Law, J. Reuben Clark Law School, Brigham Young University.wardle

I was honored to participate in the recent National Summit on Marriage, Parenting and Families at Hampton University, September 29-30, 2009, co-sponsored by the National Center on African American Marriages and Parenting.  My panel on Wednesday addressed “The Politics of Marriage and Family” and included in addition to myself former Chief Justice Leah Ward Sears of the Georgia Supreme Court, former Judge Arthur Burnett of the District of Columbia Superior Court, two Virginia elected officials (a state Senator and a city councilman), and Theodore M. Shaw, former President and Director-Counsel of the NAACP Legal Defense and Education Fund was moderator.   Read more…

Prop 8 Under Fire (again)

July 28th, 2009 Comments off

by Dr. Jennifer Roback Morse

All friends of democracy should be troubled that the same court whose decision to nullify a law passed by the state legislature that was overruled by a majority of California voters in the last election is now being asked to override the decision of the people. Gay rights activists are asking the state’s Supreme Court to overturn voter-approved Proposition 8 that limited marriage to one man and one woman on a technicality. Read more…

How Marriage Lost in Iowa

June 28th, 2009 Comments off

By Jennifer Roback Morse, Ph.D.

From an upcoming issue of the National Catholic Register.

By now, everyone knows that the Supreme Court of Iowa has imposed same-sex “marriage” on the heartland of America, a mere 10 years after the people of that state had expressly voted against it. What very few people know is exactly how unfair this fight really was. Not only was the lineup within the courtroom imbalanced, but the trial court refused to hear relevant evidence. When the case made its way to the Iowa Supreme Court, they didn’t behave much better. Read more…

Legalizing Same-Sex Marriage Will Increase Prevalence of Homosexuality: Research Provides Significant Evidence

January 1st, 2009 Comments off

by Trayce Hansen, Ph.D.

An accumulation of research from around the world finds that societies which endorse homosexual behavior increase the prevalence of homosexuality in those societies. The legalization of same-sex marriage-which is being considered by voters in several U.S. states-is the ultimate in societal endorsement and will result in more individuals living a homosexual lifestyle.

Extensive research from Sweden, Finland, Denmark, and the United States reveals that homosexuality is primarily environmentally induced. Specifically, social and/or family factors, as well as permissive environments which affirm homosexuality, play major environmental roles in the development of homosexual behavior…

A Danish research investigation studied two million adults living in Denmark, a country where same-sex marriage has been legal since 1989. This study uncovered a number of specific environmental factors that increase the probability an individual will seek a same-sex rather than an opposite-sex partner for marriage.

For Danish men, the environmental factors associated with higher rates of homosexual marriage include an urban birthplace and an absent or unknown father. Significantly, there was a linear relationship between the degree of urbanization of birthplace and whether a man chose homosexual or heterosexual marriage as an adult. In other words, the more urban a man’s birthplace, the more likely he was to marry a man, while the more rural a man’s birthplace, the more likely he was to marry a woman.

For Danish women, the environmental factors related to increased likelihood of homosexual marriage include an urban birthplace, maternal death during adolescence, and mother-absence…

For American men, the environmental factor most related to homosexual behavior was the degree of urbanization during the teenage years. Specifically, boys who lived in large urban centers between the ages of 14 and 16 were three to six times more likely to engage in homosexual behavior than were boys who lived in rural communities during those same ages. The authors offer the following possibility: “an environment that provides increased opportunities for and fewer negative sanctions against same-gender sexuality may both allow and even elicit expression of same-gender interest and sexual behavior.” …

For American women, the environmental factor most associated with a homosexual or bisexual identity was a higher level of education. And though that was also true for men, the pattern for women was more dramatic. For instance, a woman with a college degree was nine times more likely to identify herself as non-heterosexual than a woman with only a high school diploma…

[Researchers] believe one explanation is the fact that with more acceptance, even encouragement, of homosexuality at universities, more university women embrace a non-heterosexual lifestyle. For an example of how that might develop, see Dennis Prager’s article entitled, “College Taught Her Not To Be a Heterosexual.”

Based on the findings of the American research study, environments that sanction and/or promote homosexuality induce more individuals to engage in homosexual behavior…

Social and cultural norms, as well as legal regulations, influence human behavior including sexual behavior. So not surprisingly, as the United States and other Western Countries have become increasingly pro-homosexual-socially, politically, and legally-they have experienced an upward trend in the number of individuals engaging in homosexual behavior. That trend will continue if we move beyond mere tolerance of homosexual behavior (which is appropriate) to formally honoring it by legalizing same-sex marriage.