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Truth About Rights

I'm always happy to see some good thinking in a letter to the editor.  Diane Fallon of Irvine wrote in to the Orange County Register about another letter writer:
He says health care, food, water, clothing and a roof over our heads are all rights. They are not; they are products or goods which we all need and have the right to pursue, but we do not have a right to any of them. "A right is a natural or God-given permit received at birth, to act in one's own self-interest with total control over one's own life and property as long as others are not injured nor their property taken or damaged."
It is too bad more people don't understand that this is how the founders thought of rights.
We all have freedom of speech and religion but we cannot demand that anyone build us a stage or a church. There is no right to food, water, health care, clothing and housing, because it creates a burden on others. We can't demand that our neighbors buy our groceries or clothes, so why do so many Americans think our neighbors should pay for us to go see a doctor?
One reason is that we have not followed this principle in some areas, such as with education.  How many times have you heard, "we have public schools!" - as if that was a good justification for socializing and nationalizing health insurance.
Despite popular belief that every need or want should be paid for by others, there is no such right to health care, child care, a free college education or abortion, etc. What we do have are the same basic human rights – the rights to life, liberty, and the pursuit of happiness.
A very good letter.

Previously:

Rights Are Not Hand-Outs, and Hand-Outs Are Not Rights

Imaginary Rights
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Handy Dandy Marriage Neutering Plea Repellant

I have noticed that in responding to items about marriage neutering (“same-sex marriage”, “gay marriage”) on news/commentary websites, blogs, and columns, there is a lot of repetition of the same talking points. That is why I have compiled this. Feel free to repost this in its entirely (or an entire, unabridged section (I, II, or III) as long as you link back to this post on The Playful Walrus – use it in comment areas and in e-mail, if you find it helpful.  Print it out and hand it to your neighbors, friends, family members, coworkers - as long as you include the URL.


Handy Dandy Marriage Neutering Plea Repellant

We are not obligated to change our laws just because someone has asked us to(1). We are not obligated to issue marriage licenses to brideless or groomless couples. If "equality" such as "equal access" compels us to issue marriage licenses to any two people, then it also compels us to issue marriage licenses to siblings, people who are already married to others, roommates, and platonic strangers(2). Business or crime partners may find marriage licenses convenient, for example. (No, I'm not equating incest to homosexuality, but neither should a brideless or groomless couple be equated to marriage. All of these couplings are different kinds of relationships.)

The burden of proof is on those who want to change something that has served society well throughout history to show why the change is necessary. Please note that one need not be religious, nor believe there is anything wrong with homosexual behavior, to oppose marriage neutering. One can even support marriage neutering, but reject the notion that it is a court’s authority to impose marriage neutering on state licensing.

I. Neutering state marriage licensing should be up to the people of a state.

    A. The people retain all power not granted to a branch of government. Courts are not obligated to intervene on constitutional grounds unless an actual right is being violated by a law.
 
    B. No right is being violated under bride-groom marriage licensing.
        1. True rights do not obligate others without their consent(3). There is a right to free speech, for example, because each of us has been born with the ability to communicate. But that doesn’t mean anyone has to listen to me, nor does Clear Channel have to provide me with billboard space free of charge.
        2. State licenses are granted by the people of a state per their consent.
        3. Therefore, voluntary associations without a bride or a groom do not have a right to a state-issued marriage license without a vote of (or on behalf) of the people to neuter marriage licensing. Under the principle of equal access/protection, state or federal law may prohibit discrimination against individuals on the basis of certain traits, such as race, sex, and sexual orientation, so that a driver’s license can’t be denied to someone with darker skin if that person meets the same criteria as a person with lighter skin. However, bride-groom marriage licenses are available to all individuals, regardless of race, sex, or sexual orientation. It is not unconstitutional for the state to treat different kinds of voluntary associations differently, as evidenced by numerous laws and regulations; monosexual couples are inherently a different kind of association than a couple uniting both sexes, because men and women are different (hence “male” and “female” designations on birth certificates)(4),(5).

            If men and women were not different, then the phrase "sexual orientation" would cease to have meaning, so it is impossible for anyone to argue that that there is no difference between men and women, and therefore same-sex and both-sex couplings, without removing their original argument. In other words, a homosexual man knows there is a difference – which is why he doesn’t want to be married to a woman and instead wants to be "married" to a man.

            That a homosexual man or woman does not want to obtain a marriage license under bride-groom marriage licensing does not mean that the licensing access is not equally provided or is flawed, nor does it necessitate change, any more than how we issue driver's licenses need be changed to accommodate a lifelong bicyclist, nor should public transit busses have their wheels removed to accommodate those prone to motion sickness. Since when does a segment of the population NOT wanting to use something other people are using obligate a universal change in that thing? Don’t want to marry someone of the opposite sex? You don’t have to. Marriage is optional.

            There is no natural right to a state-issued license – not a business license, not a professional license, not a driver's license. State-issued licenses are issued on behalf of the people, because the people have chosen to issue them. States even have restrictions on gun licenses, even though we have the Second Amendment.

    C. Loving vs. Virginia, the case knocking down bans on "interracial" marriage, does not compel neutering of state marriage licensing, any more than a court ruling that a baseball team was wrongfully denied entry into a baseball league based on the “racial” composition of the team would compel that baseball league to also admit a chess team, debate team, or drama club into the league. Those clubs do different things than baseball clubs.
        1. Nowhere does the decision say that a brideless or groomless couple is entitled to a state marriage license.
        2. "Interracial" marriages were recognized as marriage throughout history and around the world, and in every major religion. Some religious denominations and some states and localities (note – never all) thought them wrong or banned them, but this was not a denial that they were marriage.
        3. Bans at the time prevented freedom of association, as couples could be prevented by force of law from cohabitation; in contrast, brideless or groomless couples have freedom of association under current law(6).
        4. "Race" is incidental to marriage, while sex (gender) is inherent to it. Bans on "interracial" marriage prevented societal integration, while marriage neutering would codify gender apartheid. In the past, progressive activists have sued to ensure that both sexes participate in voluntary associations, and a males were disallowed from forming gender-exclusive associations(7).

    D. If the state has direct voting, it should up to a direct vote. Otherwise, it should be up to the legislature/governor, which should not do it if the people of the state are against it(8).

    E. It should not be up to a court, and a court should especially not rule to neuter state marriage licensing if the people of the state have voted to preserve or restore bride-groom marriage licensing(9).

    F. The law doesn't deal with feelings or love. It deals with facts, like whether someone is male or female.

II. Voters should not vote to neuter state marriage licensing, or should vote to restore licensing to uniting the sexes if their state licensing was neutered by a court or legislature(10).

    A. Without a bride or a groom, it isn't marriage(11). Calling a same-sex pairing "marriage" is a recent phenomenon that rides the coattails of thousands of years of universal marriage history in which, despite different customs and restrictions, the core lasting common element remained - marriage always united the sexes(12).

    B. The state does not have an interest in promoting, nor a moral obligation to promote – homosexual behavior. Unlike heterosexual behavior, homosexual behavior does nothing to contribute to the larger society or perpetuate society(13).

    C. It sets a bad precedent in creating new rights that infringe upon existing rights and allowing the court or legislature to redefine the English language. Since all of our laws, including our Constitution, use English, if a court or legislature can change the definition of the words, the Constitution becomes meaningless. Our federal and state constitutions were written with the understanding that marriage unites the sexes.

    D. Even if we assume that no harm can be demonstrated to come from marriage neutering, that still doesn’t make it okay to force the unwilling populace to give something (marriage licenses) to someone else (couples excluding one of the two sexes) without the consent of the populace.

    E. "Marriage Equality" is a an impossibly elusive goal(14).

III. I can't in good conscience vote to neuter marriage licensing, or otherwise support it. Rather, I am compelled to support bride-groom marriage licensing.

    A. I can't support making it the official state policy that is that there is no difference between a couple that unites the sexes and one that excludes one of the sexes(15).
        1. Such a policy would reduce the credibility of law, just as if the law stated that the sun rises in the west.
        2. It would indicate that children are not the primary concern of the state involvement in marriage, and remove an incentive for children to be born and raised within wedlock. After all, if marriage isn’t about children, why bother to get married to raise them?
        3. How could adoption and foster agencies give preference to placing a child in a home with both a mother and a father so that they could have an in-home role model from each sex?
        4. Since laws apply to all, changing marriage licensing law does have an effect on me and my marriage. Do not ask "How does this hurt your marriage?" unless you are willing to support me forging your signature (how does that hurt your other signatures?) or are willing to allow a law that permits spousal abuse unless both parties have waived that permission (again, how would that hurt you?)
        5. Public education will be compelled to present brideless or groomless couples as no different than a couple uniting the sexes, and punish those who disagree or fail to emphasize groomless and brideless coupling as often as bride-groom coupling is depicted or discussed(16).

    B. The main reason for the state to even be involved in voluntary personal relationships is because someone else can be brought into the situation without their own consent: children.
        1. Since it takes both a man and a woman to naturally produce children, that is where the state's interest is greatest. No same-sex pairings have ever produced children by themselves. The state has an interest in licensing and promoting bride-groom pairings that it does not have with other voluntary relationships. Yes, I’m well aware that not all man-woman pairings can or intend to produce children, but they are the only kind that can – and whether they want to or intend to are private matters, while your sex is on your birth certificate.
        2. Neutering marriage licensing invites undue intrusion of the state into personal relationships. Should friendships be licensed? What makes them less worthy of recognition?

    C. The state did not create marriage, but rather it recognized it. Marriage made society, not the other way around. By neutering marriage, the state is harming its very foundation.

    D. The Constitution does not prohibit me from voting according to my convictions, even if they are religiously-based(17).

    E. If you claim you are sexually attracted to someone of the same sex, and can’t be fulfilled unless you are able to get a state marriage license with that person, then I claim that I am sexually attracted to marriage uniting the sexes, can't be fulfilled without supporting bride-groom marriage licensing, and enjoy politically supporting and promoting traditional marriage. If homosexuality advocates are correct in saying that someone's sexual orientation must be expressed, protected, and even publicly celebrated and supported, and that criticizing someone's sexual orientation amounts to a mental disorder (homophobia) and bigotry, then I am compelled to support traditional marriage and I am immune from criticism for doing so. Thus, anyone who criticizes me is a bigot, a closeted marriage supporter, or a phobic in need of therapy(18),(19).


Now, before you respond to me (and keep in mind that the comments of bigots, matrimoniphobes, and closet cases are automatically to be dismissed, based on the rules of the game as set by homosexuality advocates), please see below.

1. If you have some issue that you perceive to be a problem (such as the person you are in love with can't gain legal immigration status by getting a marriage license with you), there are other ways of addressing these issues without neutering marriage – just like the are other ways of dealing with household problems than tearing down the house.

2. I've already dealt with many common arguments used by marriage neutering advocates:
Divorce Does Not Justify Neutering Marriage

"We Are Your Family and Neighbors"

"Our Right Was Taken Away"

"Shall We Vote On Your Marriage Now?"

"Love is Love"

It Doesn't Matter That People Don't Know What Civil Unions Are

Other arguments addressed HERE, HERE, and HERE.

Notes:

(1)Legislating For Feelings
http://walrus.blogtownhall.com/2008/07/02/legislating_for_feelings.thtml

(2)Bride-Groom Marriage Licensing Does Not Violate Equal Protection
http://opine-editorials.blogspot.com/2009/05/equal-protection.html

(3)Rights Are Not Hand-Outs, and Hand-Outs Are Not Rights
http://walrus.blogtownhall.com/2007/07/12/rights_are_not_hand-outs,_and_hand-outs_are_not_rights.thtml

(4)The Paradox of Marriage Neutering and Gender Distinctions
http://walrus.blogtownhall.com/2008/10/19/paradox_now_%E2%80%93_marriage_neutering_and_gender_distinctions.thtml

(5)The Domestic Partnership Law Proves Our Point
http://walrus.blogtownhall.com/2008/11/06/domestic_partnership_law_proves_our_point.thtml

(6)It Is Not a "Ban on Gay Marriage"
http://opine-editorials.blogspot.com/2009/03/its-not-ban-on-gay-marriage.html

(7)The Race Card and the California Marriage Amendment
http://walrus.blogtownhall.com/2008/10/28/the_race_card_and_prop_8.thtml

(8)No Means No
http://walrus.blogtownhall.com/2008/11/12/no_means_no.thtml

(9)Imaginary Rights
http://walrus.blogtownhall.com/2008/10/09/imaginary_rights.thtml

(10)The Right to Vote
http://walrus.blogtownhall.com/2009/02/04/the_right_to_vote.thtml

(11)It Takes a Bride and a Groom
http://walrus.blogtownhall.com/2007/09/26/it_takes_a_bride_and_a_groom_to_make_a_marriage.thtml

(12)More on the Definition of Marriage
http://walrus.blogtownhall.com/2007/10/15/more_on_the_definition_of_marriage.thtml

(13)Why Marriage Matters
http://walrus.blogtownhall.com/2008/05/17/why_marriage_matters.thtml

(14)"Marriage Equality" is a False Promise
http://opine-editorials.blogspot.com/2009/03/is-it-possible-to-truly-achieve.html

(15)Neutering Marriage Devalues and Discourages Marriage
http://walrus.blogtownhall.com/2008/07/23/neutering_marriage_devalues_and_discourages_marriage.thtml

(16)"Schools Aren't Required to Teach Marriage"
http://walrus.blogtownhall.com/2008/11/04/schools_arent_required_to_teach_marriage.thtml

(17)The Constitution Doesn't Prohibit Voting According Religious Beliefs
http://walrus.blogtownhall.com/2009/03/14/does_the_constitution_disqualify_voting_according_to_religion.thtml

(18)Defending Your Support of Marriage Amendments
http://walrus.blogtownhall.com/2008/12/02/defending_your_support_of_prop_8.thtml

(19)Affirming Marriage Is Not Hateful
http://walrus.blogtownhall.com/2008/07/21/affirming_marriage_does_not_mean_hating.thtml
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Scary Extremists

What is extreme about opposing the spending of federal taxpayer money on:
  • the dismemberment of innocent, defenseless human beings in foreign countries?
  • the killing of innocent, defenseless human beings for medical research?
  • propping up large corporations with failed business models?
  • keeping someone in a house they gained possession of through taking out a loan they can’t repay?
What is extreme about asking our elected leaders to remember that:
  • the people have a government, not the other way around?
  • we as individuals retain most rights, and should be allowed to enjoy the fruits of our successes and deal with the consequences of our failures?
  • we are a nation of laws, not elite cliques of entitled men?
  • we are union of states with their own governments, powers, and rights?
  • we have a Constitution that restricts what our federal government can do?
  • the Constitution provides for checks and balances through separation of powers?
If doing these things makes one an extremist, then I ask what virtue is there in moderation?  How it is noble to take by force from those who earn in order to give to those who choose not to?  How is it good to trample on the rights of individuals?  How does one go moderate in matters of basic liberty, freedom, and responsibility?  Perhaps being "moderate" in these things is like being "a little" pregnant, with the "moderation" growing and growing until it gives birth to something new and dependent, forever changing things. But in this case, it is those who were not agreeable to conception who are saddled with paying child support.

"Extreme" stances in defense of life and basic natural rights are no vice.

Why would you be scared of someone who wants to protect their rights, and in doing so, protect yours?  Why are you afraid of those who want you to live with the consequences of your own actions, unless you suspect you are incapable of making the best decisions for yourself?

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Obama Reverses Bush on UN Declaration

Break out the showtunes.  Associated Press Writer Matthew Lee reports that the Obama administration, contrary to the Bush administration, will endorse a UN "gay rights" declaration.
They said the administration had decided to sign the declaration to demonstrate that the United States supports human rights for all.

"The United States is an outspoken defender of human rights and critic of human rights abuses around the world," said one official.
Then why isn't this a human rights declaration?

I can't think of a single natural right that applies to homosexual people that doesn't apply to everyone else.
  In other words, what protections do they need that nobody else needs?  Everyone should have freedom of association.  Everyone should have the right to life, liberty, and property.  Everyone should have freedom of expression.  Everyone should have freedom of religion.

But there is no right to, say, silence others or force an unwilling populace to neuter marriage licensing.  Or to have taxpayers pay for you to get your genitals cut off so that you can look more like a woman (yes, they once again lump in "transgendered" into the mix here).
The official added that the United States was concerned about "violence and human rights abuses against gay, lesbian, transsexual and bisexual individuals" and was also "troubled by the criminalization of sexual orientation in many countries."

"In the words of the United States Supreme Court, the right to be free from criminalization on the basis of sexual orientation 'has been accepted as an integral part of human freedom'," the official said.
I think the wording choice is poor.  What is pedophilia if not a sexual orientation?  Is there a category for pedophilia that precludes it from also being classified as a sexual orientation?  And although it should be obvious, I'll write it anyway: NO, I'm not equating homosexuality with pedophilia.  Just like I don’t equate homosexuality with heterosexuality, even though they are both sexual orientations.

But I also do think, at least until Christ assumes a benevolent earthly monarchy, the ideal form of government form is our own - one that recognizes the freedom of association.  As such I certainly do not think modern governments should be executing or prosecuting people for consensual homosexual behavior.  But then, I also don't believe in a right to health care or a right to force someone to hire you or rent to you, so if two men want to inflict such injury on each other, it would have little impact on me if things were run that way.
But 70 U.N. members outlaw homosexuality - and in several, homosexual acts can be punished by execution.
You'd think those governments would have more important things to do.

Oh, and the U.N. is a joke at best, but certainly a travesty.
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You Don't Say

The kid who organized a "no cussing" club has managed to get himself in the international news again, via this story from Associated Press writer John Rogers.  McKay Hatch reports being harassed for his efforts encouraging people to voluntary clean up their language.  So, these foul-mouthed punks must be really bored, too.
Imagine pizzas and pornographic magazines being delivered to your home by the dozens.
Actually, to most guys, that sounds great.
Your phone rings all night, and your e-mail inbox overflows with thousands of profane hate messages.
Okay, well that isn't so cool.
He and his family drew the line when the death threats started coming in over the Internet.
Death threats.  Death threats.  It is tempting to say that some people are just really bored.  But I think it is a little more sinister than that.  This kid has tried to improve the culture around him, and some people are not indifferent – they actually put out the effort to stop someone from improving the culture.  These are people who want the culture to slide, and I don’t think we're talking people who profit from that – like a pornographer – we're talking people who seem to enjoy debasement for the sake of debasement.  And they don't like those who try to make a positive difference.
"They say I'm trying to take away their freedom of speech, but I'm not," he says. "I'm just trying to improve people's speech."
There's a larger issue here – the nature of rights and what is and isn't a right or a violation of rights.

We have a natural right to freedom of speech.  The Constitution explicitly recognizes that as part of the First Amendment.  But even applying that to all speech and not restricting it to political speech, the idea is that our government will not prosecute us for our speech.  It is perfectly legitimate for someone such as a voluntarily-formed organization to encourage the rest of us to refrain from certain forms of speech or using certain words.  We see this all of the time with GLAAD asking people not to use the term "f----t" or the NAACP getting on someone's case for using "the n word".  And, as with someone asking us not to cuss, we can reply to their request with "no" or even "f--- off!"  We can still choose to continue to cuss, or use ugly terms against others.  And they have a right not to hang around us or kick us out of their home – that's freedom of association.

It is definitely not a violation of free speech for a "No Cussing" club to ask us to stop cussing, or even for a municipality to recognize "No Cussing Day".  They are not fining anyone or throwing them in jail.  We have the right to reply to the club with "No, I'm going to continue to cuss."  But we do not have the right to engage in harassment or make death threats – that is not protected.

Hatch is apparently trying to make things a little more pleasant, and to receive death threats for doing so speaks volumes about our society.

Oh, and by the way - if you use racial slurs you showing yourself to be a moron.  And it is my right to say so.

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I Don't Vote by Your Feelings

I must confess, as if you haven’t been able to pick up on this already, that I just don’t get people who run their lives on emotions and feelings, and even more so when they expect the rest of us to run our lives by their emotions and feelings.

We all have impulses, likes and dislikes, attractions and repulsions.  We can't argue that someone doesn't or shouldn't feel a certain way, or isn't experiencing a certain emotion, or didn't have a certain perception of an experience.  Those things are their own, and internal to themselves.

The thing is, we can’t govern by them, or structure our society around them, because feelings come and go and one person's perception may conflict with someone else's.  That is why we have twelve jurors in trials and checks and balances in our government.   We must discuss and decide and lead based on facts, reason, logic, cause and effect, principles and laws.  We’re not all going to agree what temperature the room should be, but we can all agree the on the words in the text of the Constitution - even if we don’t agree on what they mean.  We should strive to protect everyone’s rights - which is possible, save for the criminal or terrorist violations, not everyone's feelings – as that is impossible.

People who run their lives by emotions and feelings often find their finances a mess and leave a trail of entirely avoidable serious mistakes in their wake that hurt others – more so than someone who lives by objective reality.  They may make relationship choices, including professional, political, and religious choices as well as personal, that contradict that even what they should know to be true or for the greater good.  They are looking out for their immediate gratification or for that of their clique.  When such people organize with each other, they can end up making things worse for even more people.

There are a couple of qualifiers.


Yes, we should we be sensitive to the feelings of others, so as to not intentionally foster negative feelings for the sake of creating negative feelings – mostly, anyway.  Shame and guilt and regret can be good things if they stop evil actions.

And...

I’m not saying that intuition, "BS detectors", and gut checks don’t have their place.  They do.  Often, they are warning us of something that we have picked up on some level even if we haven't been able to connect the dots in a way we can explain to someone else.

Unless you have agreed to go along with arranged marriage in the traditional sense, you shouldn't marry someone if you have no passion for them.  But you shouldn't marry them if you do have passion for them if red flags are waving in the breeze.


You should only follow your heart if your obligations are satisfied and your head agrees or is indifferent.  Otherwise, stay put until you figure it out.  Feelings will often follow behavior.  Married people experience that when their spouse wants to get it on and they weren't really feeling like it... until they decide to do it anyway and find themselves having a good time.  Platitudes and flattery are nice, but self-esteem and confidence improve solidly with accomplishment.  Love isn't about making yourself feel good.  Feeling good often results from being loving, though as a wise man once said, with love often comes the agreement to endure pain when the one we love is taken from us.

So what does this all mean politically?  It means that we should not be legislating for feelings.  We should not be trying to pass laws or get courts to cater to someone's emotions.  We should all be free to pursue happiness as long as it does not infringe on the rights of others, and that should be possible as long as our laws and courts protect rights, instead of trying to invent rights.

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I Want It, So You Have To Give It

Although the coverage has slowed down, perhaps for the holiday, there is a Prop 8 letter in today's Los Angeles Times.

Rick Kemp of San Francisco wrote:
The argument to overturn Proposition 8 because it is a constitutional revision rather than an amendment is weak.
It sure is.  Even you can see that.
Marriage equality supporters should not play the numbers game.
I know that is a pet phrase of the marriage neutering crowd, but what does it really mean?  A same-sex coupling is different than a coupling that unites the sexes.  They aren't equal.  This is demonstrable.  One kind of union perpetuates society and the other does nothing positive for society that society couldn't get from the couple as individuals.

You can stamp your feet and call for "equality" all you want.  It is a little bit like flapping your bare arms and trying to fly, not wanting to climb inside an aircraft, but insisting you should be able to fly.
A better strategy is to ask the courts to determine whether voters have the right to deprive any group of a civil right, or whether civil rights are beyond the reach of the ballot box.
There simply is no right to a state-issued license.  Not for marriage, not for anything.  When a court says there is, it doesn't make it a right.  It makes the court wrong.
It is difficult to imagine that the court would choose to make the state vulnerable to majority-sanctioned discrimination in the future.
As I've pointed out many times, this is a ridiculous statement because all of us, individually and collectively, constantly discriminate and we couldn’t function if we didn’t.  We discriminated against McCain when we voted for Obama, for example.


I want to give a shout-out to the homosexuality advocacy websites that track blogs like mine.  Thanks for the extra hits.  You just go ahead and keep dismissing people like me as bigots, self-righteous, or whatever, and your failure to provide good arguments will cause you to keep losing.  You might be able to get your way with brute force if you were in the majority, but you aren't.  You're a tiny minority.  Sometimes, you can get some people in power to cower before you and start ordering the rest of us around, but as long as we have checks and balances, we're not going allow you to control us without a fight.

Again, I stand against criminals - people who vandalize or assault or otherwise harm someone - and that includes people who do it because the victim identifies as gay or lesbian or whatever.  I sincerely believe the government should be limited and operated in a way to preserve all of our rights.  But in that belief, I sincerely disagree that it is a court's place to tell the people that they have to change a licensing process that already provides equal access.

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Supreme Court of Canada Creates Obesity Rights

This sort of thing is not unconnected to homosexuality advocacy.  I wonder what other "identity" categories are going to get protected status with special rights?
Obese people have the right to two seats for the price of one on flights within Canada, the Supreme Court of Canada ruled on Thursday.
 A right.  A right?  I don’t think anyone has a right to one seat on a flight.  Whether or not an airline will fly you somewhere and under what conditions should be an entirely voluntary transaction between you and the airline.
The high court declined to hear an appeal by Canadian airlines of a decision by the Canadian Transportation Agency that people who are "functionally disabled by obesity" deserve to have two seats for one fare.
This will necessitate that everyone pay higher prices.  There's no way around that.

Now, I’m not the thinnest guy.  My weight has fluctuated over the years, and sometimes I have been thin more than once but usually I carry some extra weight.  Fortunately, my wife is tiny.  (She's really hot.)  That helps when we fly together.  But even sitting next to someone larger, I’d be okay.  I only need one seat.  I could easily get big enough where I'd need two seats, but at some point you have to put down the spoon and get moving!  Being that fat is almost always A CHOICE!  IT IS A CHOICE!  And you will be treated differently.  That’s life.  It shouldn’t stop the police from responding to your calls the way they would to call from a thin person, but you don't have a right to two seats for the price of one.  Sorry!  All those Tories and draft dodgers to the north need to wise up, and God help us if we become more like them in these areas.

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Prop 8 Stuff in Today's LA Times

The California Supreme Court will review challenges to Prop 8, but it declined to re-neuter California marriage licensing for now.  While it would have been nice to have the court refuse to hear the cases, it is a good sign that there was one vote against hearing the cases, because that vote came from one of the marriage neutering justices, so perhaps a majority of the court is currently leaning against overturning Prop 8.

But the folks at the paper are trying to find hope any way they can.  Maura Dolan and Jessica Garrison have story.
It also indicated that at least one of the court's seven members, Justice Carlos R. Moreno, may be leaning in favor of overturning the measure. Moreno, who joined the state high court's 4-3 ruling in May to strike down a state ban on same-sex marriage, was the only justice to support granting a stay of the proposition.
It's not really a proposition anymore.  It is a constitutional amendment.  It would be interesting if the paper was willing to write things like "the court will consider whether or not to set aside a constitutional amendment."

Oh- and one justice is not enough.  It has be four of them.  And they’d have to invent stuff and go against a lot of precedents.  Are they willing to do make a mockery of the constitutional system so they can again make a mockery of marriage for the sake of esteeming homosexual behavior?

And, of course, the paper doesn’t run these stories without getting comments from a same-sex couple who got a neutered marriage license.
Dana Perlman, a Los Angeles lawyer who married his partner, Hugh Kinsellagh, in July, said watching the court has been "painful."

"I'm excited the court is taking the case," said Perlman, who along with his spouse is one of an estimated 18,000 same-sex couples who have married since June, when the California Supreme Court ruling took effect. But he said he is "pained . . . having to sit and wait for the men and women in black robes" to decide the fate of his marriage.
If you are really, truly married, what does it matter to your day to day life if the state licenses it or not?  I can understand there may be concerns about things like benefits, but if that is really weighing on you, get a domestic partnership going.  You place too much of your hopes in government.  I mean really… will your marriage be over if the court doesn't strike down a constitutional amendment?  Will you have to stop loving each other?  I wouldn't be happy if the people of the state voted to rescind my marriage license, but it wouldn't change my feelings for - or commitment to - my wife.

An editorial again urges the court to go beyond its authority.
But Proposition 8 embeds that definition in the state Constitution, and it would defy reason for the court to hold that part of the Constitution is unconstitutional.
Now there’s an amazing bit of common sense truth being printed in the paper.  But of course, they don’t stop there.
The California court rejected similar challenges to the death penalty and to Proposition 13, both of which, it ruled, were properly considered amendments, not revisions. And this year, the Oregon Court of Appeals rejected a suit on same-sex marriage much like the current lawsuits -- Oregon's Constitution has similar provisions on revision and equal protection. As a result, the legal challenge to Proposition 8 is generally seen as a long shot.
Good.  But of course they go on to write…
Yet that doesn't mean the suits are without merit.
"Yet" and "but" in these sort of situations mean, "Hey, other side, you have the facts and everything on your side, but I’m still not going to change my mind."
Maybe schools need to strengthen their civics lessons so that future voters will understand that supreme courts specifically are charged with ruling on constitutional questions -- and it is a sacred and historic role of the courts to protect minority rights as enshrined in state and federal constitutions. Indeed, if courts merely existed to ratify the will of majorities, they would add little to our society.
While we’re at it, let’s have the schools teach the difference between rights and other things.
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California Supreme Court to Consider Prop 8 Challenges

In case you haven't heard, the California Supreme Court has agreed to consider some of the challenges to Prop 8.  I've heard some marriage neutering advocates (including a lawyer) say it is extremely unlikely the court will (be able to) invalidate Prop 8.  We'll see.

I, of course, hope they respect the system enough to recognize that the state's constitution has been amended, and that it isn't their place to strike down an amendment.  Creating "rights" out of thin air is bad enough.  Redefining words is an abuse of power.  Striking down amendments when amendments are supposed to have authority over you would be compounding the error.

Even if they think the people of California are wrong in how they voted, they should at least respect the vote and be satisfied that there are other ways to right "wrongs"
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On Limited Government and Individual Freedom

Our Constitution limits our government.  It tells our government specifically what it can do.  This is not how things are practiced these days, but it is how they should be.  Limiting government maximizes our freedoms.

Our Constitution isn’t there to list all of our rights.  Unless otherwise stated, we, the people, are supposed to retain all rights.

The founders of our nation had a lot correct and constructed a brilliant Constitution.  Once the evil of race-based slavery was abolished and it was recognized that each and every person has rights such as those enumerated in the Constitution, we were on the right track.

But what are rights and where do they come from?  What’s the difference between a freedom and a right?  What should be the role of government in our lives?  I've written about these things before.

Here are some of my other entries relevant to this issue:

We Still Have the Power

Rights Are Not Hand-Outs, and Hand-Outs Are Not Rights


Not All Freedoms Are Rights

Imaginary Rights

Legislating For Feelings?

Should Your Government Be Doing This?

Ask Not What the Government Will Do For You

Nobody Owes You a Job

Who Owns Your Earnings?

Funding Government: Of Fees and Taxes

Time For Education to Evolve
(Featured in Townhall Magazine)

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Today's Prop 8 Stuff in the LA Times

California Attorney General Jerry Brown, who did his best to keep Prop 8 from passing, now has a duty to defend it before the court.  Talk about a conflict of interest!  Maura Dolan has today's obligatory Prop 8 article.
As more lawsuits against Proposition 8 landed before the California Supreme Court, Atty. Gen. Jerry Brown and the anti-gay-marriage campaign urged the court Monday to review the suits but allow the measure to remain in effect during that review.
Should any lawsuit filed in a state court be able to remove an amendment to the state constitution?  Aren’t the state courts bound by the state constitution?
Brown, whose office defends state laws, said in papers filed with the court that the lawsuits against the anti-gay-marriage initiative raised issues of statewide importance that should be addressed by the state's highest court "to provide certainty and finality."
Right, like this isn’t going to end up at SCOTUS.
But Brown's office also said the court should refrain from granting a preliminary order to put the measure on hold pending a court ruling.
Good for him.
"We feel confident that the law is on our side, and the court will make a correct decision," said Frank Schubert, campaign manager for Proposition 8.

"We are not confident the attorney general will vigorously defend Proposition 8 in light of his strong opposition to the measure."
If he does provide a vigorous defense, it will be a testament to his integrity, professionalism, and loyalty to the people of California.
A wide array of groups and local governments have urged the state high court in six lawsuits -- two more were filed Monday -- to overturn the measure. The lawsuits contend that Proposition 8 illegally revised the state Constitution by altering fundamental constitutional principles.
Litigational Harassment.  Voter suppression.
The latest anti-Proposition 8 lawsuit was filed by the California Council on Churches, the Episcopal Bishop of California, the General Synod of the United Church of Christ, the Progressive Jewish Alliance and the Unitarian Universalist Assn. of Congregations.
Anyone surprised?  I won't expect anyone to decry this as a violation of the separation of church and state.

There were two letters today dealing with the efforts of the homofascists.

Michael Jones of Glendale wrote:
We have every justification to not contribute to the coffers of businesses that would undermine our basic human rights.
First, we’re not talking about rights, let alone basic human rights.  There is no right to a state-issued license.  Second, in many cases we’re not talking about a business contributing, we’re talking about individuals somehow associated with the business and their personal funds.

What would people be saying if Christians said something like, "We don’t want to contribute to the coffers of businesses that deny the authority of our Lord," and so they boycotted and held demonstrations outside of business that employed any non-Christian or anyone who denied the unique divinity of Jesus or His status as Lord and Savior – Jews, Muslims, Wiccans, New Agers, Buddhists, Hindus, atheists, liberal Christians, etc.?

Garth Steever of Long Beach wrote:
As a gay man, I am very uncomfortable with the boycott of El Coyote. Penalizing a small local business for the actions of one of its employees seems a huge misdirection of our collective energy.
Uh-oh, Mr. Steever!  Watch out for your "friends" who won’t like you publicly questioning the game plan.

Instead of dealing with issues that most people care about, the paper, in this editorial, once again deals with the "homosexual vs. black" divide.  They ultimately want, of course, for African-Americans to all bow before the homosexuality advocacy agenda.
Many in the gay community believed, perhaps naively, that shared minority status would create a sense of sympathy between the two groups, and that casting gay marriage as a benchmark in civil rights history would cement that bond.
It appears that most African-Americans know the difference.
This has been a wrenching loss for advocates of same-sex marriage, but it should provide an opportunity to forge allegiances. Black people need to hear how denying gays the right to marry devastates families and diminishes us all.
Re-education time!
Gays need to know that they will find less "hate" and religious dogma among blacks than they imagine, but also a deep grief over the disintegration of the nuclear black family and fear that gay marriage will further erode it.
You see, it is just hate and fear that keeps African-Americans from realizing that they should be okay with a court overturning their vote to force us to issue marriage licenses to a couple missing a bride or groom.  It couldn’t possibly be that they understand that this is about voting rights vs. imaginary rights, or what marriage is and what it is not.

The more the marriage neutering advocates claim this is a civil rights issue, the more they are going to turn off a lot of people who truly fought for civil rights.
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Prop 8 Roundup: LA Times and More

There’s a surprisingly small amount of Prop 8 stuff in the Los Angeles Times today, with most coverage confined to one of the blogs.  Maybe the staff is too busy actually leading the Sore Loser Protests?  Or maybe the few remaining paper subscribers are older folk who are getting tired of it all, and so the LA Times is keeping most coverage online where they won’t see it?  It’s just one day - probably an anomaly.

Today, Jessica Garrison has the obligatory article on the protests and lawsuits.
But the demonstrations also have raised questions about whether the in-your-face approach will alienate voters, who may be asked one day to approve gay marriage. Twice in the last eight years, voters have rejected it.
"No means no!"  I say we hold counter-demonstrations where we chant that.
While they wait to see what the court does, gay rights activists say they are thinking of putting another gay marriage initiative before California voters -- perhaps as soon as 2010.

If that happens, they say, they want to ensure that the mistakes of the last campaign won't be repeated.

Some have criticized that campaign for failing to reach out enough to black and Latino voters, a majority of whom backed the proposition, according to exit polls.
Oh, get ready!  Pandering and condescending propaganda is coming your way, people of color.
Others have said that the campaign failed to engage people enough -- including some gay activists now organizing protests.
The real "problem" is that we the people do not like being told that we must change something that is not broken.  There are many legal issues surrounding marriage that do need to be addressed.  That state licensing of marriage unites the sexes is not one of them.
The key, he said, is that the protesters not irritate or alienate the people they are trying to persuade by appearing too out of the mainstream or by tying up traffic for hours.
Like I’ve said before, marriage defenders need to get as much video and audio of these protests as possible.  They are making our case for us.
Many of those organizing the protests this week say they are voicing a sense of outrage and disappointment that California voters approved a measure that took away the right, granted by the California Supreme Court last spring, of same-sex couples to marry.
True rights are not granted by courts – they are recognized by courts.  The court erred by trampling on the rights of voters to create a "right" to a state-issued license.
Living in urban areas such as Los Angeles and San Francisco, in environments that are relatively tolerant of gay people, some of those activists say they experience little discrimination in their daily lives because of their sexual orientation.
Yet they are trying to portray this as akin to bussing people off to concentration camps.  (I want to frame that quote from the paper.)

Meanwhile, as Mike Boehm reports, Scott Eckern was essentially forced out of his job as a theatre director because of his $1,000 donation to protect voting rights and marriage.

And you can follow more of the homofascist intolerance at LAist, which covers an attack on a restaurant because someone associated with the place gave a small donation to Yes on 8.  Never mind that homosexual people openly work and frequent the place - everyone has to suffer there because someone exercised their rights.

How can these sorts of cases not be harassment?  If an employer can be sued for sexual harassment because one employee compliments another, surely am employer can be sued for pressuring someone who exercised their First Amendment rights with their own money?

Guess what, homofascists?  We're everywhere.  People who value limited government, judicial restraint, and marriage are EVERYWHERE.  We are your family, your friends, your neighbors, civil servants, doctors, police, firefighters, and so much more.  If you want to boycott us all, you're going to have go live in a remote cave.

Finally, the Los Angeles County Board of Supervisors took time during their weekly  meeting to pontificate and allow homosexuality advocates and marriage neutering proponents to ramble on before they voted to commit county taxpayer resources to joining one of the lawsuits against Prop 8.  Mind you, a majority of the vote in the county was in favor of Prop 8, and there were many more serious issues they could have been dealing with.  Hey, at least they don't have the horribly offensive cross on the seal anymore, you know, paying homage to the founding of the county.

The Board’s three Democrats made this decision.  The two Republicans were not present, but would have been outvoted anyway.  I will quote from Supervisor Gloria Molina’s statement.
Last week, Proposition 8 passed by a narrow five percent margin.
That "narrow" margin is more that enough.
It eliminated the right of same-sex couples to marry-and it effectively overturned the May 2008 California Supreme Court decision which found the ban on same-sex marriages to be unconstitutional on equal protection grounds.
The court was wrong.  There is no right to a state-issued license.
First, that revoking an existing right guaranteed by the Equal Protection Clause of the California State Constitution is not an amendment but a revision.
There is already equal protection, and this is an amendment.  NEXT!
Second, that such a move is not a fundamental right that could be subject to popular vote; rather, it is a deliberative process requiring-at a minimum-a Constitutional Convention or a two-thirds vote of the California State Legislature in addition to a popular vote.
Right.  Like they would not be objecting had the state legislature passed it by a two-thirds vote.
First, Proposition 8's passage basically mandates that certain people have fewer rights than others.
Not at all.  Do siblings have fewer rights than others because they can't get a marriage license together?  There are some that would.  Just ask the BBC.
It says that certain brothers, sisters, daughters, aunts, uncles, mothers, and fathers are second-class citizens-that though they have all the responsibilities of citizens,they have fewer rights.
No, it doesn’t.  So, now you don’t have to be concerned.
That is wrong.
Hey!  I thought we weren’t supposed to force morality on others!

I’ll spare you the rest.  It is the same tired stuff.  Maybe I'm too young, but I have never seen such outrageous tactics to subvert the will of the people and our rights.  That's what's going on here.  There is a right for citizens to vote.  There is no right for a state-issued license.  There is already equal access and protection provided.  Are we now going to say that all voluntary associations are to be treated the same, even though they are different kinds of associations?  Are we now going to say that there is a right to a state-issues license?  Are we now going to say that we have to give other people something simply because they want it?  If so, I want to form a nonprofit with my toddler and I want my driver's license renewed without ever having a to take a test again, or paying off any fines.  I also want a medical license.  Thank you!

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No Means No

Are we obligated to enshrine something into law simply because a minority has asked us to?

The answer, of course, is no.  Even if that group thinks it is their right, that does not obligate us to do anything and should not obligate a court to rule in their favor.  Any group can get organized and ask for something, and then claim that their group is being treated unfairly if they don’t get what they want.  Any group can claim that something is a right, but it doesn’t make it so.

When someone asks for a change in how a state issues licenses, such as marriage licenses, they are asking us (the people of the state) for something.  We have the freedom to say "no".

People have a right to form voluntary associations - or not - and to offer their consent - or not.  So, if two women want to share a life together, they are free to do so, and if they can convince someone else to perform a ceremony for them, they can have one or they can even do one themselves.  However, just as one woman can’t force another woman to live with her, no group can force someone else - such as the people of a state - to consent to change marriage licensing.

Judges are representatives of the people.  However, if the people, through their direct vote, have made their nonconsent clear, judges should not counter that.

There simply is no right to a state-issued license, and equal access to that license is already provided.


No means no.  No court should force your belief – the belief that you should get a marriage license from us even though you are without a groom or without a bride - on the rest of us.

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Today's LA Times Prop 8 Letters

You knew these were coming.  The Los Angeles Times printed letters prompted by the paper's coverage of the involvement of "black" churches in Proposition 8.

Joel Marks of Chatsworth wrote:
We've been through this type of emotional issue before with the 1967 Loving vs. Virginia ruling from the U.S. Supreme Court regarding interracial marriage.
Comparing this situation to Loving vs. Virginia is a tired ploy by the marriage neutering activists that just doesn’t stand up to scrutiny.  This court decision was a lot more like Roe v. Wade than that case.  Interracial marriage existed and was recognized from the beginning of human history.  Every major religion recognized it.  In the U.S., some (not all) states banned it to stop something that was already going on.  This was in an era when landlords and hotel operators could refuse to rent to couples who were not married, thus this really was a ban on their marriage, and they could be prosecuted, not simply denied a license.  This is not so today.  Today, we all have the freedom to live together and have ceremonies and such without fear of prosecution.  Hotels check you in without regard to your marital status.

Furthermore, a woman of any race can bear children from a man of any race.  Quite simply, interracial marriage is marriage.

Conversely, our marriage laws were not passed because same-sex couples were getting "married".  This is a new phenomenon as religious institutions put membership numbers ahead of tradition, and homosexuality advocates look to reform all of society away from a heteronormative culture. Our marriage licensing laws simply recognized what already existed – marriage – something that united a bride and a groom.  California did not create marriage.  It recognized it.

Race is incidental to marriage, while sex is inherent.

We needed the court to protect a minority's rights.
The California Supreme Court violated the rights of the people.
Some do not consider gays to be a minority deserving of protection.
A homosexual person has the same God-given rights I do, and government should protect the rights of such a person the same as it works to protect mine.  Neither one of our rights should be infringed.
In contrast, our state Supreme Court, in its carefully worded opinion, said this is indeed a group worthy of protection.
It is hardly protection when you force someone else to give you license against their will.

Mitchell Harris of La Verne got it right:
Lopez's sarcasm reaches its pitch when he states, "I always envy those who know precisely what Jesus would do." But teaching God's will is precisely what pastors are called to do. For those who do not attend church at all, it seems to come as a surprise that an evangelical pastor's teachings are based on the Bible.
Glenn M. Langdon of Garden Grove wrote:
After reading Lopez's column, I believe what we need is a proposition on a future state ballot that would amend the California Constitution to not allow Christians to get married.
Go for it.  But this isn’t about "allowing" anyone to do anything.  Same-sex couples don’t have to ask for anyone’s permission to "marry" each other.  But when you ask someone else (the people of California) for something (a license), we have the right to say "no".  (Some homosexuality advocates have said "we're not asking" - and we know all to well that they are demanding.  But we still have the right to say "no".  And even if you point a gun at our heads and get us all to vote your way, it will still never really be marriage; only a government-sanctioned counterfeit.)
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