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Monday, March 28, 2011

What Marriage Has Become

by Christopher Wolfe
[hat tip: A Banner is Unfurled]
The widespread adoption of different versions of no-fault divorce by most states after 1970 transformed marriage and family. The traditional presumption in favor of the permanence of marriage (with certain well-defined exceptions) gave way to a situation in which one of the partners, for whatever reason, could unilaterally end the marriage. This marked a cultural shift from regarding marriage as a truly fundamental social institution to regarding it as primarily a personal union in which there is a very limited social interest.
[Read more . . .]

Tuesday, March 1, 2011

DOMA in the LA Times

by The Playful Walrus

The president is not obligated to defend laws that are unconstitutional and thus indefensible.

The Playful Walrus
By the same reasoning, a court trial should not be available to someone who is obviously guilty. Isn't the constitutionality the precise question being discussed in the court cases?

[Read More]

Monday, February 28, 2011

Court sets deadline in DOMA case


Email alert from Brian Brown of NOM
"On Friday, the U.S. Court of Appeals for the First Circuit gave us just three weeks to ensure that Congress steps up to defend DOMA. By March 18th, the Obama administration and the State of Massachusetts must agree on a new plan for how the pending DOMA litigation will proceed. 
If Congress doesn’t step up quickly to defend DOMA, the Defense of Marriage Act may soon be history – the victim of an administration that is deliberately undercutting the very laws it is duty-bound to defend. 
Thousands of you have already petitioned your Congressman to intervene on behalf of DOMA in the challenge filed by the State of Massachusetts.

And it's working!! Speaker Boehner told The Hill in an article posted this morning that the House is likely to take action to defend DOMA.

But we need to keep the emails coming! ... Your calls and emails could make the difference – not just for DOMA, but for the future of marriage in our nation."
Please take a minute out of your busy day - just one minute away from working, shopping, cleaning, cooking, etc. - to call your Congressman and express your desire that they stand up for checks and balances in our government and defend the DOMA when those who are duty-bound to do so refuse.

Click here to find your Congressman or woman.

Call the White House:
Comments: 202-456-1111
Switchboard: 202-456-1414

Euripides on Obama and DOMA

by Euripides
Self Evident Truths
If the Obama administration ignores the constitutional mandate to uphold the law, then the rule of law becomes meaningless. When the executive branch of the federal government takes on both legislative and judicial powers, the possibility for abuse follows, including the possibility of dictatorial powers.
The agenda of those who support same sex marriage is blatantly clear. Nothing can stand in the way of supporting gay ideology to obtain protected class status based on self-identified attributes of same gender attraction. Gay activists and others will cheer the statist decisions of Obama while ignoring the latent dangers of his decision.

[Read More]

Saturday, February 26, 2011

Obama picking and choosing what laws he'll defend

by Shane Vander
Caffeinated Thoughts
Presidents don’t have the right to pick and choose what laws they will defend or enforce.  Based on the rationale that Attorney General Eric Holder gave, I think Governor Mike Huckabee had it right in a recent interview with Laura Ingraham when he suggested that he also should then quit defending the health care reform law since it too has been deemed unconstitutional.  Oh no that won’t happen since President Obama doesn’t believe it to be unconstitutional!

Here’s the point I think everybody is missing.  While there are currently no lawsuits challenging section 2 Congressman Paul, rightly, expresses concern because that may not always be the case (now I’ll admit that he doesn’t seem to recognize that same-sex marriages are already allowed in Iowa, but I think his larger point remains in tact).  I am also unconvinced that the Department of Justice would make a spirited defense if section 2 is challenged.  I also  believe it is just a matter of time before it is challenged, and I don’t believe most homosexual activists would have any problems having gay marriage imposed on other states.  If it is found unconstitutional in a lower federal court will then President Obama change his mind on this as well?

Again, the President can’t just pick and choose which laws he will defend.

Friday, February 25, 2011

David Limbaugh on Obama and DOMA



Excerpt from David Lambaugh's latest column entitled Obama Not Just Above the Law; He Is the Law:

To understand the magnitude of Obama's action, we must again consider the above-cited fact that both chambers of Congress passed DOMA by overwhelming majorities reflecting the will of the people that marriage be defined, for legal and policy purposes, as it always had been. Also, no federal appellate court has ruled the statute unconstitutional.


As he has in so many other areas (EPA, the offshore drilling ban, IMF), Obama has usurped the authority of the other two coequal branches of government to make himself, in effect, not just chief executive but super-legislator and a supreme judicial authority.


. . .


So now we have an imperial president who is refusing to enforce a law passed by powerful congressional majorities while persisting in enforcing a law (Obamacare) that two federal courts have already invalidated. The only common denominator is that Obama believes he is the law.


[Read More]

Hat tip: A Banner is Unfurled

Thursday, February 24, 2011

DOMA may have a better chance without Justice Department's lackluster "defense."

"The previous efforts of the Obama administration and DOJ to defend the law were so inadequate as to raise the suspicion that the Justice Department was deliberately throwing the case," said Robert George, a political science professor at Princeton University who opposes same-sex marriage. "Chances are the law will get a robust defense, and I suspect it will withstand constitutional scrutiny."