Supreme Court

Blockbuster Decisions Coming Soon from the Supreme Court . . .Will Conservative Justices Twist the Constitution to Subvert Equal Protection?

MEMO

TO: Reporters and Editors
FROM: Jamie Raskin, Senior Fellow, People for the American Way Foundation
DATE:  May 24, 2013

RE: Blockbuster Decisions Coming Soon from the Supreme Court . . .Will Conservative Justices Twist the Constitution to Subvert Equal Protection?

The Roberts Court will soon release major decisions shaping the future of voting rights protection, affirmative action in university admissions, and the rights of marriage for gay and lesbian Americans. In each case, the promotion of equal rights under law in our society is opposed by a conservative agenda that seeks to enshrine inequality in the name of “federalism,” “color-blindness,” or “social tradition.” What is at stake in these cases is whether America continues its journey towards strong and inclusive multi-racial democracy or accepts conservative arguments that undermine constitutional and social progress.   

Congressional Protection of Voting Rights versus “Federalism Costs”:

The Voting Rights Act on the Chopping Block in Shelby County v. Holder

In Shelby County v. Holder, conservatives seek to dismantle the essential machinery of modern voting rights protection, which is the pre-clearance procedure for voting changes in covered jurisdictions. This procedure is contained in Section 5 of the Voting Rights Act of 1965, the monumental statutory achievement of Congress in the last century. Chief Justice Roberts, in a near-miss decision on the same subject in 2009, has already expressed the sentiment of his conservative colleagues that the provision now “raises serious constitutional questions.” At oral argument in Shelby County, Justice Scalia offered his view that the Voting Rights Act has become nothing more than a “racial entitlement.” Despite broad bipartisan support in Congress for the Voting rights Act, including Section 5, the conservative legal movement is mobilized for its destruction.

Section 5 obligates covered states and jurisdictions to “pre-clear” changes affecting voting with the Department of Justice or the federal district courts in Washington. This procedure affects states and counties that were the worst offenders against voting rights and has been in place for nearly a half-century. Section 2 of the Fifteenth Amendment clearly gives Congress the “power to enforce” voting rights “by appropriate legislation.” The Court has four times—in South Carolina v. Katzenbach (1966), Georgia v. U.S. (1973), City of Rome v. U.S. (1980), and Lopez v. Monterey County (1999)—rejected invitations by states to declare Section 5 as outside of Congress’ powers under the 14th and 15th Amendments.  Thus, Alabama, Georgia, Louisiana, Arizona, Mississippi, South Carolina, Texas, Virginia and later Alaska (along with certain jurisdictions in California, Florida, Michigan, New Hampshire, New York, North Carolina and South Dakota) have had to prove that proposed changes in election laws do not disadvantage minority voters. While the Justice Departments and the courts routinely approve more than 99 percent of submitted plans, the VRA remains a critical stop against laws meant to disenfranchise racial minorities. Hundreds of state plans and thousands of proposed changes have been rejected under the law, preventing a backslide in the project of building a strong interracial democracy.

But the case against Section 5 today turns on neither constitutional precedent nor text nor the facts of political life on the ground, but rather on the talk-show fallacy that a nation which twice elects an African-American president simply cannot contain any states or counties where minority voters face actual barriers to participation. Backing up this non-sequitur intuition are constitutional myths: that Congress has to treat all states and counties the same and cannot distinguish among them based on their records of committing voting rights violations. and that the pre-clearance mechanism in the Voting Rights Act and its “coverage formula” impose far too high “federalism costs” on covered areas (i.e., it allegedly takes too much power from the states). All of these taking points are supposed to justify the Court’s substituting its judgment for that of Congress and to find that Section 5 is no longer a “congruent” or “proportional” remedy, under either the Fourteenth Amendment or the Fifteenth Amendment, for threats to voting rights.  But the lower courts in this case reviewed more than 15,000 pages of Congressional findings and testimony and were convinced of the continuing need for preclearance to deal with the disingenuous disenfranchising and diluting schemes in the covered areas, including voter photo ID laws, tightening restrictions on registration and at the polls, and racist gerrymanders.  

The arguments against Section 5 appeal to the racial fatigue of Supreme Court arch-conservatives, who are willing to give state legislatures, a majority of which are in conservative Republican hands today, the freedom to restrict voting rights. The pre-clearance procedures of Section 5 are the major obstacle to this goal because they mean that all of the traditional hijinks of Jim Crow politics must be submitted in advance to federal judges or DOJ civil rights lawyers for approval. Rather than placing the burden on African-Americans and other minority voters to find lawyers and make the case against repressive practices after they go into effect, the covered jurisdictions have to affirmatively show that their innovations are not discriminatory or “retrogressive” before the damage is done. As the Supreme Court put it approvingly in South Carolina v. Katzenbach, “After enduring nearly a century of systematic resistance to the Fifteenth Amendment,” Congress chose “to shift the advantage of time and inertia from the perpetrators of the evil to its victims.”

The word “federalism” does not appear in the Constitution, nor does the opaque and mysterious phrase “federalism costs,” which has become the key mantra for the conservatives.  At least four Justices—and we’ll see about Justice Anthony Kennedy—appear poised to use these malleable concepts to override the clear enforcement powers that the Constitution explicitly assigns to Congress through Section 5 of the Fourteenth Amendment and Section 2 of the Fifteenth Amendment. Thus, the Supreme Court is on the brink of usurping Congressional power plainly granted by the Constitution by thwarting Congressional decisions to enforce the equal rights of Americans to vote and participate in the political process. 

Racial Integration, Inclusion and Diversity versus “Color-Blindness”:

Affirmative Action Walks the Plank in Fisher v. University of Texas at Austin

The ceaseless attack on affirmative action returns again this Term with Fisher v. University of Texas at Austin, a sweeping challenge to a modest use of race and ethnicity in UT’s admissions process that was adopted to correct for continuing weakness in the numbers of minority students on campus. The twist here is that most UT students are admitted through a policy guaranteeing admission to students who graduate in the top 10 percent of their public high school classes. About one-fifth of the class is admitted outside of that race-neutral policy, and affirmative action plays a role in this small part of the process.   

Most people thought that the lawfulness of such a policy was settled for at least 25 years in 2003, when the Court decided Grutter v. Bollinger and Gratz v. Bollinger, cases testing the constitutionality of affirmative action programs as practiced, respectively, at the University of Michigan Law School and the University of Michigan’s undergraduate program. The majority upheld the Law School’s “holistic” use of race and ethnicity in the process to promote diversity in the educational experience because all consideration of applicants remained individualized and there were no quotas and no numerical targets used in the selection process. (The University of Texas modeled its law school’s affirmative action program after that upheld in Grutter in 2003.) Meanwhile, the majority invalidated the undergraduate plan because racial or ethnic minority status was quantified and treated as adding bonus points in a rigid numerical weighing system, a process that the Court said leaned towards being a quota system. While rejecting the college plan as a blunt instrument, Justice O’Connor found that the kind of diffuse and holistic use of minority status embodied in the law school program was permissible. She thought such affirmative action would be warranted for a period of what she predicted to be another quarter-century. Given that most public universities remained segregated through the 1950s and 1960s, this seemed like a sensible time-line.

The Grutter decision reaffirmed and updated Regents of the University of California v. Bakke, the 1978 high Court decision which struck down numerical quotas for minority admission but approved the generalized use of race in the admissions process to promote the compelling interest in having a diverse student body. Grutter was met with relief and enthusiasm throughout American academia, in the business sector, by the armed services, and across American society.

Now, once again, conservatives hope to turn the Constitution against the project of equal rights and equal opportunities.  The key move is to claim that Equal Protection mandates absolute “color-blindness” and therefore forecloses any conscious efforts to build diversity and inclusion into the educational experience of students. But the history of the Equal Protection Clause demonstrates that its Framers clearly contemplated that government would seek to take account of the racial implications of official discrimination in the past to fashion consciously inclusionary policies going forward.   

Equal Protection of the Rights of all Citizens in Marriage versus “Social Tradition”:

United States v. Windsor and Hollingsworth v. Perry

Two significant cases raise the important issue of whether gay and lesbian Americans enjoy an equal right to marry and to enjoy all the rights of marriage. Here, straightforward understandings of Equal Protection clash with an extra-constitutional commitment to the “social tradition” of discrimination against gay people.

One case, United States v. Windsor, deals with the constitutionality of Section 3 of “DOMA,” the 1996 federal Defense of Marriage Act, which provides that the word “marriage” in any federal law or regulation—including the Social Security Act, the Internal Revenue code, immigration law, and more than 1,000 others—shall apply only to the “legal union of one man and one woman as husband and wife.” This sweeping discrimination means that, although hundreds of thousands of gay and lesbian Americans have won and exercised the right to marry in twelve states and the District of Columbia, the rights, benefits, and duties that they should receive as married people under federal law are categorically withheld from them. Under federal law, married couples who are gay are treated as legal strangers to one another and as unworthy of the rights enjoyed by other citizens.

This discrimination has dramatic consequences. The respondent in Windsor, Edith Windsor, was forced to pay $363,000 in federal taxes on the estate she inherited after her wife (and life partner of 40 years) died, since DOMA prevents same-sex spouses from inheriting marital property on a tax-free basis, a benefit that heterosexual couples take for granted. Windsor won a clean victory in the United States Court of Appeals for the Second Circuit, which found that discrimination against gay people triggers Equal Protection “intermediate scrutiny” and that Congress could not even demonstrate a valid, much less an important, interest for defining marriage at the federal level so as to exclude from its benefits thousands of married couples in the states.

The other case taken up by the Supreme Court  is Hollingsworth v. Perry, which tests the constitutionality of California’s infamous Proposition 8 ballot measure, which revoked the marriage rights that gays and lesbians had enjoyed in the state under a landmark California Supreme Court decision.  Proposition 8 was voided in a broad pro-marriage decision handed down by California United States District Court Judge Vaughn Walker, a decision that was reaffirmed on narrower grounds by the United States Court of Appeals for the Ninth Circuit, which essentially found that California had no rational basis for taking away from its gay citizens the marriage rights that it had previously granted. 

Both cases involve government refusing to recognize the equal rights of gay people, either in married couples or couples who want to get married.  With DOMA, Congress denied the same equal rights and benefits to gay married people as it offers to straight married people, and with Proposition 8, California actually revoked the marriage rights of gay people and prohibited the legislature from ever restoring those rights.  The Proposition 8 proponents even sought to use the measure to annul gays’ and lesbians’ existing marriages without their consent.  The discrimination in both cases is plain to see, all of it justified on the grounds of “traditional marriage” and “social tradition.”

The right to get married as a basic civil right has frequently been  addressed by the Supreme Court, but the Court has never addressed whether that right extends to gay and lesbian Americans, and the Court could successfully dodge the underlying issue here. 

One good possibility is that the Court will strike down DOMA as a naked Equal Protection violation, saying that states need not necessarily extend marriage rights to gay and lesbian residents but that, if states do extend equal marriage rights, the federal government may not discriminate against people who avail themselves of those rights. Pro-marriage forces expecting this result place a high burden of hope on Justice Anthony Kennedy, who has written excellent majority opinions upholding the equal rights of gay and lesbian Americans in Romer v. Evans (1996) and Lawrence v. Texas (2003). But Kennedy may instead decide purely on federalism grounds, potentially providing a fifth vote to strike down DOMA but preventing any pro-equality legal rationale from having a majority that would bind lower courts in the future.

In the California Proposition 8 case, the Court could say that states that give all of the state-law rights of marriage to gay and lesbian citizens cannot withhold from them the title of marriage; this would affect eight states in a similar situation as California. Another possibility, more remote, is that Justice Kennedy would agree to join the moderate-liberal faction in simply declaring that gay people have equal rights to marry, which would mean invalidating discriminatory  laws still on the books in the vast majority of states. Conversely, the Court might also say that there is no obligation for California to protect the right of gay and lesbian citizens to marry at all. Or, finally, it could dismiss the whole case on either standing grounds—the Attorney general of California refused to defend  Proposition 8, leaving that task to anti-marriage advocates who put the initiative on the ballot—or on the grounds that cert was improvidently granted. There are still many ways to escape the basic issue of discrimination, even though all of the momentum in the states is towards marriage equality and the rationales for discrimination have been collapsing everywhere like a giant house of cards. 

Equal Protection versus the Politics of Inequality

As we await the Supreme Court’s decisions in these cases, Americans should not miss the big picture of this constitutional moment.  In a society that disenfranchised African-Americans and other minorities for centuries and discriminated openly against racial minorities and the gay and lesbian population, we are living through giant progressive changes in political democracy and voting rights, educational opportunity, and marriage rights for all. Yet, in politics, as in physics, every action creates an equal and opposite reaction, and a huge ideological undertow has formed on today’s Supreme Court, which has replaced the values of the long-ago Warren Court with commitments to corporate power over government and government power over people. What is at stake in these cases is whether the Supreme Court will interpret the Constitution to be the instrument of equal protection for all or will twist it to make it the guarantor of inequality and injustice.

* * * * * * *
Jamie Raskin, a Senior Fellow at People for the American Way Foundation, is a professor of constitutional law at American University’s Washington College of Law and a State Senator in Maryland.


 

 

AUL Report Highlights Rift in Anti-Choice Movement

The anti-choice movement has for several years been experiencing a quiet rift over extreme state-level measures would ban all abortions – and in some cases, in vitro fertilization and some forms of birth control – in a head-on challenge to Roe v. Wade. As Personhood USA and Janet Porter gain more and more success in pushing “personhood” and “heartbeat” bills at the state level, national pro-life groups who oppose the laws for strategic reasons find themselves in a bind.

In March, when North Dakota passed a “heartbeat” bill which would ban nearly all abortions in the state and strike directly at Roe v. Wade, it also passed two narrower measures banning abortion based on genetic abnormalities or the sex of the fetus. The national anti-choice group Concerned Women for America praised heartbeat the bill,  while Americans United For Life issued press releases that ignored the bill and praised the narrower measures. National Right to Life went even further, actively speaking out against the North Dakota bill and similar “heartbeat” measures in other states.

In an article for the National Catholic Bioethics Quarterly this week, Americans United For Life’s senior counsel, William Saunders, lays out his fears of what would happen if the Supreme Court were given the opportunity to reconsider Roe v. Wade. While he praises the “admirable and inspiring” efforts behind the trio of new abortion restrictions in North Dakota, Saunders warns that a direct challenge to Roe will give the Supreme Court a chance to rewrite their 1973 decision on more solid “equal protection” footing.

Instead, he argues, anti-choice activists should target incremental measures at wearing away the opposition of Justice Anthony Kennedy, who voted to uphold the so-called “partial birth” abortion ban in Gonzales v. Carhart. “Can the statute be fashioned so as to make it as easy as possible for him (and the others) to go the one step (or two or ten) further than Gonzales in restricting abortion?,” he asks.

Taken together, these three laws provide significant food for thought.

While the persistent efforts of pro-life Americans at the state level are admirable and inspiring and must be encouraged, how does one evaluate the wisdom of any particular proposed (or enacted) law? First, I suggest, one must recognize the legal realities—what kinds of statutes will the courts certainly overturn? Of course, this is not to say that the courts should govern this matter. In fact, the usurpation of the political process by courts is, in my view, unconstitutional itself and should be resisted. However, if we know a law will be overturned by a court, we should consider the risk of such a decision. At least one significant risk is that the Supreme Court, in overturning a law, will entrench “abortion rights” more firmly in constitutional jurisprudence, perhaps under an “equal-protection”-based right, as Justice Ginsburg and three colleagues wanted to do in the Gonzales dissent.

Sad as it is to consider, Gonzales was decided by only one vote, that of Justice Anthony Kennedy. The opinion he wrote for the majority, while speaking of the right of the legislature to choose among divided experts in fashioning law and while recognizing that abortion harms at least some women, did no more than uphold the outlawing of one abortion procedure when others were available. Is such a person likely to uphold a ban on all abortions at any point in pregnancy? If so, what rationale for doing so (what basis) is likely to appeal to him? Can the statute be fashioned so as to make it as easy as possible for him (and the others) to go the one step (or two or ten) further than Gonzales in restricting abortion? Might a statute with a ban (or limit) early in pregnancy lead him to “protect” the “abortion right” and vote with Ginsburg and her colleagues in favor of a firm affirmation of a “constitutional” right to abortion? Is it better to move the ball gently, seeking to build momentum for the ultimate reversal of Roe/Doe, or to force the issue with a broad and early ban? While reasonable people can differ on the answers to these questions, the consequences of a possible forty more years of unlimited abortion due to another Casey-like decision by the Supreme Court counsels for very careful consideration of what prudence requires.

RNC to Supreme Court: Strike Individual Campaign Contribution Limits

Few Americans would argue that they want to see more big money flowing into our political system.

Yet yesterday the Republican National Committee asked the Supreme Court to strike down limits on the total amount an individual donor can contribute to campaigns in a single election cycle, filing an opening brief in what is sure to be a high-profile Supreme Court case.  If the RNC and the Republican donor who together filed the case in Shaun McCutcheon, et al. v. Federal Election Commission are successful, the limit on aggregate individual contributions per cycle could jump from $117,000 to $3 million. 

As PFAW noted in February, this case threatens to be the next stage in the ongoing attack on our country’s democracy.  By calling for a gutting of our country’s campaign finance reform regulations, Republicans are ignoring the majority of Americans who believe there is already far too much big money being poured into our elections.

PFAW Foundation

Study: Roberts and Alito Most Pro-Corporate Justices in 65 Years

We write frequently about the extraordinarily pro-corporate leanings of the current Supreme Court, where the Justices bend the law and twist logic in order to rule in favor of large corporate interests and against the rights of individuals harmed by those interests. In the past week, two new studies have provided powerful numbers to back up the trend.

In a report released on Thursday, the Constitutional Accountability Center found that the corporate lobbying group U.S. Chamber of Commerce has won a stunning two-thirds of the cases that it has been involved with before the Roberts Court. And this weekend, The New York Times reported on a new study from the Minnesota Law Review that found that the current Supreme Court’s five conservative justices have sided with corporate interests at a greater rate than most justices since World War II. In fact, Chief Justice John Roberts and Justice Samuel Alito, both George W. Bush nominees, are the two most pro-corporate Supreme Court justices to sit in the past 65 years:
 

The Times writes:

But the business docket reflects something truly distinctive about the court led by Chief Justice John G. Roberts Jr. While the current court’s decisions, over all, are only slightly more conservative than those from the courts led by Chief Justices Warren E. Burger and William H. Rehnquist, according to political scientists who study the court, its business rulings are another matter. They have been, a new study finds, far friendlier to business than those of any court since at least World War II.

In the eight years since Chief Justice Roberts joined the court, it has allowed corporations to spend freely in elections in the Citizens United case, has shielded them from class actions and human rights suits, and has made arbitration the favored way to resolve many disputes. Business groups say the Roberts court’s decisions have helped combat frivolous lawsuits, while plaintiffs’ lawyers say the rulings have destroyed legitimate claims for harm from faulty products, discriminatory practices and fraud.

Published last month in The Minnesota Law Review, the study ranked the 36 justices who served on the court over those 65 years by the proportion of their pro-business votes; all five of the current court’s more conservative members were in the top 10. But the study’s most striking finding was that the two justices most likely to vote in favor of business interests since 1946 are the most recent conservative additions to the court, Chief Justice Roberts and Justice Samuel A. Alito Jr., both appointed by President George W. Bush.

PFAW

New Report Exposes Chamber of Commerce’s Success at Supreme Court

The current Supreme Court’s pro-corporate leanings have resulted in a huge spike in rulings favoring corporations over individual Americans, according to a new report from the Constitutional Accountability Center. MSNBC’s Zachary Roth goes through the report’s findings, including that under Chief Justice Roberts, the behemoth corporate lobbying group the U.S. Chamber of Commerce has won a full two-thirds of the Supreme Court cases in which it has been involved:

The major result of the Chamber’s success, legal scholars say, has  been a string of rulings that threaten to block the courthouse door to ordinary Americans looking to hold corporations accountable. And with court-watchers’ attention focused on higher-profile gay marriage and voting rights cases this term, it’s a development that’s flown largely under the radar.

The Roberts Court’s pro-business outlook has been apparent for several years. But the CAC report suggests it may be accelerating. Both the Chamber’s participation rate and its success rate have risen significantly in recent years. This term, the Chamber filed amicus briefs in 24% of cases, up from 10% during the latter part of the Rehnquist Court, from 1994 to 2005, a period of stability when there were no changes to court personnel. And since John Roberts became Chief Justice, the Chamber has won 69% of the cases in which it’s gotten involved (see chart below). That’s up from 56% during the latter part of the Rehnquist Court, and just 43% during the last five years of the Burger Court, from 1981 to 1986.

Jamie Raskin, Senior Fellow of People For the American Way Foundation, chronicled the “Rise of the Corporate Court” in a 2010 report. He wrote:

Americans across the spectrum have been startled and appalled by the Citizens United decision, which will "open the floodgates for special interests—including foreign companies—to spend without limit in our elections," as President Obama said in his 2010 State of the Union Address. According to a Washington Post nationwide poll, more than 80% of the American people reject the Court's conclusion that a business corporation is a member of the political community entitled to the same free speech rights as citizens.

Yet, the Court's watershed ruling is the logical expression of an activist pro-corporatist jurisprudence that has been bubbling up for many decades on the Court but has gained tremendous momentum over the last generation. Since the Rehnquist Court, there have been at least five justices—and sometimes more—who tilt hard to the right when it comes to a direct showdown between corporate power and the public interest. During the Roberts Court, this trend has continued and intensified. Although there is still some fluidity among the players, it is reasonable to think of a reliable "corporate bloc" as having emerged on the Court.

What is striking today, however, is how often the Roberts Court, like its predecessor the Rehnquist Court, hands down counter-intuitive 5-4 victories to corporations by ignoring clear precedents, twisting statutory language and distorting legislative intent. From labor and workplace law to environmental law, from consumer regulation to tort law and the all-important election law, the conservative-tilting Court has reached out to enshrine and elevate the power of business corporations --what some people have begun to call "corporate Americans"--over the rights of the old-fashioned human beings called citizens.

With Chief Justice John Roberts and Justices Samuel Alito, Antonin Scalia, Clarence Thomas and Anthony Kennedy in the driver's seat today, the "least dangerous" branch of government now routinely runs over our laws and our politics to clear the road for corporate interests. When it comes to political democracy and social progress, the Supreme Court today is the most dangerous branch. The road back to strong democracy requires sustained attention to how the Court is thwarting justice and the rule of law in service of corporate litigants.

A poll commissioned by People For the American Way and fellow progressive groups late last year found that the Corporate Court was a concern for a majority of voters.

PFAW

Farah: Marriage Equality Will Put America in 'The Dustbin of History'

WorldNetDaily editor Joseph Farah today promoted his 9/11 National Day of Prayer event by warning that a Supreme Court decision in favor of marriage equality will mean that the high court is “legally destroying the very building block of our civilization.” Farah claims that such a ruling will make America fall “into oligarchy and tyranny” and eventually “the dustbin of history like so many empires before it.”

In a few weeks, the U.S. Supreme [sic] will make rulings in two cases that will determine whether America continues as a self-governing nation under the rule of law and will of the people or it goes the way of most other countries and descends into oligarchy and tyranny.

That is what the stakes are in rulings the justices will make on the definition of marriage.

There hasn’t been a more important Supreme Court ruling since Roe v. Wade. Not even Obamacare was this big. Both of those went very badly because of the rulings of justices named to the high court by Republicans. In this case, it will take a straight flush by justices named by Republicans to save America from legally destroying the very building block of our civilization.



I know I have been asking for prayer frequently during these trying days. I’m encouraged by the feedback I have received from thousands to my plea for a 9/11 National Day of Prayer and Fasting.

But I am convinced that without it, this country is headed for the dustbin of history like so many empires before it.

This is no idle request. It’s our only chance for survival. Government is broken. Politics is broken. The culture is broken. God is simply waiting to hear our fervent cries of repentance and deliverance.

Schlafly: 'The Main Goal of the Homosexuals is to Silence Any Criticism'

On her Eagle Forum Live radio program last weekend, Phyllis Schlafly was joined by eminent conspiracy theorist Jerome Corsi. Corsi, who is promoting his new book on the American Civil Liberties Union, told Schalfly that the ACLU and progressives are using the Supreme Court marriage cases as a way to enact hate speech laws and shut down churches. Schlafly agreed, saying, “I do think that the main goal of the homosexuals is to silence any criticism. Most of them aren’t interested in getting married.”

Later in the conversation, Schlafly compared a potential Supreme Court ruling in favor of marriage equality to the infamous Dred Scott decision.

Corsi: The ACLU has been very strong behind the same-sex marriage. They have a whole section of the ACLU devoted to the LGBT agenda, the lesbian, gay, bisexual and transgender. And, Phyllis, if we get the Supreme Court saying that there’s a constitutional right to same-sex marriage, I think the next thing that’s going to happen is that we’re going to see an attempt to define hate speech, any minister or priest who from the pulpit condemns homosexual behavior from a scriptural basis or on principles of Judeo-Christian faith. And following that, the left will not only try to close that church down, but they’ll do it through pressing to take the tax-exempt status away from the church because the priest or the minister doesn’t agree with their agenda and is now engaged in ‘hate speech.’

Schlafly: Well, I do think that the main goal of the homosexuals is to silence any criticism. Most of them aren’t interested in getting married. But I think that’s what they want to do, and they’re starting out by trying it in the schools.



Schlafly: If five people on the Supreme Court are able to overturn our definition of marriage, which we’ve had for centuries, we had even before the Pilgrims landed on the Atlantic coast, there’s something wrong with our system. As Abraham Lincoln said in a famous, in his First Inaugural, in describing the Dred Scott case, probably the worst decision in history, and he said, okay, we have to accept what they decided for poor old Dred Scott. But we don’t have to accept it as a precedent and as something that will rule us forever, and we’re going to get this overturned. And if we don’t, we will be just simply subjects of what he called ‘that imminent tribunal.’ And we need to speak out. And before they hand down that decision, you need to pray that they come to the right decision and you all need to get your pastor to tell his congregation to pray for it.

Earlier this week, we reported that Schlafly is calling for a reinstatement of the House Un-American Activities Committee in response to the Boston Marathon bombings. When a caller asked why the ACLU couldn’t be tried for “subversive activity,” Schlafly repeated her demand to reinstate HUAC, and Corsi agreed.

Caller: The question I have is, how is it that no one has taken the ACLU to task in the courtroom and basically charged them with subversive activity?

Schlafly: Well, personally, Dr. Corsi, I think we need a new House Un-American Activities Committee, but I’ll let you answer your way.

Corsi: I’m in favor of it.

Supreme Court Rules in Favor of Corporations in Human Rights Abuses Case

Back in September, PFAW senior fellow Jamie Raskin wrote a preview of the major cases coming before the Supreme Court this term, one of which, Kiobel v. Royal Dutch Petroleum, deals with the ability of foreign nationals to sue corporations for human rights abuses in American courts. The Supreme Court today issued a sweeping ruling siding with the multinational corporations accused of abuse. Main Justice sums up the facts of the case:

The plaintiffs accuse Royal Dutch, the Shell Transport and Trading Company and their joint Nigerian subsidy of allowing, indeed encouraging, atrocities by the Nigerian military against people who were protesting environmental damage caused by drilling in the Niger Delta in the 1990s. The companies were complicit in beatings, rapes and mass arrests by paying the soldiers, feeding them and allowing them to use oil company property as staging areas for their attacks, the plaintiffs maintain.

At issue was the application of the Alien Tort Statute, enacted in 1789, that gives United States courts jurisdiction over civil actions brought by aliens alleging torts committed in violation of United States treaties or international law. The seldom-used ATS was enacted partly in response to piracy on the high seas. The Nigerian plaintiffs, now legal residents of the United States, tried to use it in a present-day context.

As Jamie Raskin wrote in his Supreme Court preview, the Second Circuit radically twisted legal precedent in this case to rule that individuals could not sue corporations under the Alien Tort Statute:

Jurisdiction to hear the suit was clear. In 2004, the Supreme Court held, in Sosa v. Alvarez-Machain, that the Alien Tort Statute gave federal courts jurisdiction to hear claims about torts committed against aliens that violate well-established international norms like the human rights norms implicated in this case. Yet a bitterly divided Second Circuit panel in Kiobel held for the first time that the statute does not allow courts to hear suits against corporations as opposed to individuals. The Kiobel majority’s ruling on this issue was amazing since the issue was never raised, never briefed, never argued and never decided in any of the proceedings below that took place over the course of nearly a decade. (This rings a bell for close observers of the Citizens United majority, which also pulled a rabbit out of a hat to ask and answer a question never raised below.)

Today, the Roberts Court agreed. The Court unanimously ruled against the Nigerians in Kiobel, but disagreed about how far the ruling should go. Justice Roberts, writing for the conservative majority, wrote a broad ruling in favor of the corporations accused of human rights abuses. The four moderate justices concurred with the majority’s ruling on this particular case, but left the door open for similar cases to be tried in U.S. Courts. Main Justice explains:

Justice Stephen G. Breyer wrote that the defendants’ “minimal and indirect presence in the United States was not enough to give American courts jurisdiction over the case.”  But he stopped short of declaring that similar cases should never end up in American courts if the abuse at issue “adversely affects an important American national interest.” Justices Ruth Bader Ginsburg, Sonia Sotomayor and Elena Kagan agreed with him.

Nicole Flatow at ThinkProgress explains the possible implications of the majority’s ruling:

This decision not only means that Nigerians cannot sue foreign corporations for their conduct abroad. On this particular point, the four-justice Breyer concurrence agreed that this case did not pass muster. Roberts’ sweeping pronouncement against extraterritoriality may also mean that foreign nationals subject to abuse, for example, at the hands of a U.S. corporation that houses its factories in places whose laws shield it from liability, or an American citizen who commits human rights violations abroad against foreigners, also could not be subject to suit in the United States.

The scope of the opinion will not become clear until it is interpreted by courts. Extraterritoriality is a legal concept that asks not just whether conduct took place abroad, but also whether the claims “touch and concern the territory of the United States” such that a plaintiff can overcome the presumption against them. The only hint the court gives is that lawsuits against corporations will face a particularly heavy burden, noting, “Corporations are often present in many countries, and it would reach too far to say that mere corporate presence suffices.”

What is clear is that the presumption is exceedingly difficult to overcome, and that both individuals and corporations have a high chance of skirting liability simply by doing their dirty work elsewhere.

PFAW

Klingenschmitt: Children of Gay Parents Are 'Abused Kids' Who Are 'Recruited Into' and 'Used as Pawns for the Homosexual Agenda'

In an email to members of his Pray In Jesus Name Project yesterday, Gordon Klingenschmitt said that Religious Right activists must become “the voice” of the “abused kids” raised by same-sex parents, who he says are “not only recruited into but used as pawns for the homosexual agenda.”

Klingenschmitt responded to Justice Kennedy’s statement about the need to remember the “voice of those children” who “live with same-sex parents” while hearing the Proposition 8 case by arguing that “those abused children really wanted one mom and one dad, they just didn't know better having been misled by California Judges who impose homosexual parents upon innocent kids, against their will, and against the will of California voters.”

He also claimed that Christians cannot support politicians who favor legalizing same-sex marriage and warned that gay rights advocates are bent on “taxing heterosexuals more to pay homosexuals to engage in immorality” and “reward their acts of sodomy.”

Now 51 of 55 Democrat Senators are now openly pro-homosexual (all but Pryor, D-AR; Johnson, D-SD; Manchin, D-WV; and Landrieu, D-LA) compared to just 2 of 45 Republicans(Portman, R-OH; Kirk, R-IL). [Dr. Chaps' comment: Never again can any Bible-believing Christian support them, if Christ is still Lord of your heart.]

Shocker: Last week Senator Bill Nelson (D-FL) literally blamed Jesus Christ for creating homosexual "marriage." Really Senator? Jesus made you vote for sin?



If you saw how the left-wing major media (including Fox News) reported today's Supreme Court arguments, it appears all but a foregone conclusion that 5 of the 9 justices will vote to homosexualize "marriage" this week, and release their decision in June.

For example, here's a quote from Justice Kennedy, supposedly the 'conservative' but open-minded swing vote, who today voiced concern about the estimated 40,000 children in California with homosexual 'parents': "They want their parents to have full recognition and full status. The voice of those children is important in this case," Kennedy said.

No, Justice Kennedy, those abused children really wanted one mom and one dad, they just didn't know better having been misled by California Judges who impose homosexual parents upon innocent kids, against their will, and against the will of California voters.



But here's some good news. 15,000 Christians marched on the Supreme Court today, demanding we define marriage as only valid between one man and one woman, for the sake of the kids, because every child deserves a mom and a dad. Let's petition with them, and let's be the voice of those abused kids, not only recruited into but used as pawns for the homosexual agenda, as proven in today's court arguments by Justice Kennedy himself.



While the national media covers only the debt crisis, Democrats in the Senate are attacking traditional marriage between one man and one woman, by attempting to repeal the 1996 Defense of Marriage Act (DOMA). Not satisfied with homosexualizing the military, or forcing gay "marriage" in states like New York, radical homosexuals testified on Capitol Hill today demanding homosexual "bonus pay" with more than 1,100 federal benefits that reward their acts of sodomy in all 50 states, taxing heterosexuals more to pay homosexuals to engage in immorality.

On Tuesday Senator Dianne Feinstein (D-CA) introduced, and President Obama quickly endorsed a new bill S.598 to promote homosexual marriage, mislabeled the "Respect for Marriage Act" (RFMA) to end federal law that defines traditional marriage between one man and one woman. White House press secretary Jay Carney told reporters Tuesday "President Obama is proud to support the Respect for Marriage Act," which disrespects traditional marriage by enforcing homosexual marriage upon all 50 states. His views are no longer "evolving" rather Obama is now fully out of the closet promoting gay marriage nationwide.

Harvey: 'All the Children of America' Are 'The Largest Group of Potential Victims' of Gay Marriage

Linda Harvey of Mission America warned in her radio alert today that children will no longer be able to dream about getting married because gay marriage will warp their minds.

“What will eight-year-old girls be allowed to wish for in the coming new era of same-sex marriage?” Harvey asked. “Because if homosexual militants have their dreams fulfilled, all American children will march to a new tune.”

She claimed that “all the children of America, not just those in homosexual households,” represent the “largest group of potential victims of this nonsense” as “the widespread embrace of homosexuality at the very least would mess with their minds and innocence at critical stages of development.”

Harvey claimed that marriage equality “will yield more disease, more anxiety, depression, more teen angst in general” and “the developing heart and mind of these children will be destabilized and younger and younger children will be sexualized.”

When I was eight years old my Christmas list had one item: a bride doll. How overjoyed I was when Santa left under our tree that beautiful doll with her white veil and satin dress. This was the stuff of little girl dreams that in my future would be a wedding: a bride with a groom. But I wonder, what will eight-year-old girls be allowed to wish for in the coming new era of same-sex marriage? Because if homosexual militants have their dreams fulfilled, all American children will march to a new tune.

Is the Supreme Court considering the implications here? The radicals dream of connecting the dots; expanding their conquered territory. In California, by law, no school children hear any objections to homosexual or transgender behavior. In Massachusetts, the Department of Education has decreed that gender confused children must have access to opposite sex restrooms and locker rooms. For the homosexual advocates who dream of totally silencing those of us who object, this isn’t nearly enough. They want every school room, the Boy Scouts, TV shows and Hollywood to sing the same song to America’s little children, that when you grow up, you might date and marry someone of the same-sex or it might be the opposite sex or you might want to change your own sex and this is all good and progressive, all other views are hate.

It’s frustrating to read the transcripts of the Supreme Court oral arguments on the two marriage cases with the consequences of same-sex marriage pretty much unexplored. Our side studiously avoids the core issue: same-sex marriage is wrong because homosexual behavior is wrong. In the Hollingsworth v. Perry case, attorney [Charles] Cooper did say, ‘redefining marriage will have real world consequences,’ and Justice Kennedy mentioned unchartered waters and a cliff. But that’s just as far as these ideas went. Attorney [Ted] Olsen claims homosexuality is something people can’t change and he compares it to race, but he’s wrong and this is an enormously important point.

Since homosexuality is not inborn, the highest court in our land might want to seek input from the largest group of potential victims of this nonsense: all the children of America, not just those in homosexual households, they would live lives with a completely upside-down set of standards about dating, masculinity, femininity, courtship, future dreams and permissible behavior. The widespread embrace of homosexuality at the very least would mess with their minds and innocence at critical stages of development. More experimentation, even for a time, will yield more disease, more anxiety, depression, more teen angst in general. Does this guaranteed revolution bother only me? Or are you concerned as well?

As we witness so-called conservatives and our churches either run from this issue or worse, jump on board, it’s clear that moderate voices will not restrain the radicals from enacting their spiteful plans. All schools, even Christian institutions, will be forced to teach only one, sugarcoated viewpoint, and the wider culture will echo this and shape the new public opinion. Any mention of ex-homosexuals will be horrifying and the equivalent of honoring the Ku Klux Klan. The developing heart and mind of these children will be destabilized and younger and younger children will be sexualized. The evidence about where this revolution takes us is already available. Won’t someone out there start to look at gay marriage through the eyes of our precious children?

Paul Cameron Rests His Case: Homosexuality a 'Mental Pathology'; 'Mental Disability or a Disorder'

Dr. Paul Cameron of the Family Research Institute appeared at the National Press Club today to unveil his new report, which claims that gays and lesbians who are married or in civil unions actually die younger than their uncoupled peers.

“The Supreme Court ought not to harm homosexuals by legitimating homosexual coupling,” Cameron said, “and the psychiatric community ought to pay attention to this enormous deficit of lifespan and reopen the issue of whether or not homosexuality is a mental disability or a disorder.”

He argued that homosexuality is a “mental pathology” much like drug abuse or cigarette smoking, because it “shortens lives” and “harms its participants and harms the demographic.”

Watch:

Keyes: Gay Marriage Violates the Declaration of Independence

Alan Keyes isn’t done making anti-gay screeds, and this week writes in Renew America that LGBT equality is prohibited…by the Declaration of Independence.

He argues that according to the Declaration of Independence, America’s sovereignty relies on respecting God’s law, including the “rights of the God-endowed natural family.” Consequently, if the US doesn’t submit to divine authority, then the country will forfeit its sovereignty and be no more.

Keyes reasons that if the Supreme Court decides “to promote specious rights intended to supplant ‘the laws of nature and of nature’s God’ invoked in the Declaration of Independence” and “deny and disparage the natural rights of the God-endowed family” by approving of same-sex marriage, it would represent an “assault on the very root and source of our claim to decent liberty.”

Now, proponents of the Defense of Marriage law insist that the present occupant of the White House must simply "obey the law," even if he has reached the conclusion that it violates a constitutional right he is obliged by oath to respect. But their insistence violates the logic that substantiates the Constitution's constraining effect on the use of the U.S. government's powers. In the first instance, each branch has the duty to keep within the boundaries of the Constitution. The issue involved in Obama's refusal to defend DOMA is not, therefore, necessarily about his obligation to "obey the law." It is about whether or not, in this particular instance, his view that the law is unconstitutional is correct.



Because the elitist faction aims to overthrow constitutional government of, by, and for the people, they work to obscure or tacitly deny this fact. They want Americans to accept the notion that those who happen to wield the power of government at any given moment may decide, amongst themselves and without recourse to the people, what is constitutional and what is not. If and when the American people foolishly acquiesce in this oligarchic lie, they will thereby surrender their status as a free people.



As I recently pointed out, we learn the source and nature of these unenumerated rights from another "fundamental law" of the United States – the Declaration of Independence, which ascribes them to the Creator's endowment of all humanity. Most self-evident among them are the rights of the God-endowed natural family "rooted in obligations antecedent to any and all humanly instituted law or government." From this endowment, the people of the United States derive the sovereign authority to establish and maintain their self-government. Unless they are willing to subvert their own sovereignty, they are obliged, in their actions and decisions, to respect the source of authority that validates it.

In the weeks to come, the U.S. Supreme Court may decide to promote specious rights intended to supplant "the laws of nature and of nature's God" invoked in the Declaration of Independence. They may decide, in contravention of the Ninth Amendment, to deny and disparage the natural rights of the God-endowed family. It will then be for us, the people, to decide how to respond to their assault on the very root and source of our claim to decent liberty. If we respect the logic that reasonably, morally, and constitutionally justifies what their decision seeks to destroy, we will be able confidently to appeal, as America's founders did in the Declaration, "to the Supreme Judge of the world for the rectitude of our intentions." Then, whatever we face, we will have the courage to defend the institution that God made to be the living archetype of all the rest of our belongings.

Brian Brown: 'Ours Is Actually a Libertarian Argument' To Ban Gay Marriage

Like Rep. Louie Gohmert, Brian Brown of the National Organization for Marriage also participated in pastor Rick Scarborough’s Tea Party Unity conference calls back in March, where he made the “libertarian” argument against legalizing same-sex marriage.

Brown commended his anti-gay organization for having been able to “motivate a lot of the Tea Party groups” along with “African American and Hispanic folks” around their shared fear that gay marriage will undermine the Constitution and jeopardize “the future of Western civilization.”

After discussing how NOM is “working with leaders like Senator [Marco] Rubio or Ted Cruz,” he warned that marriage equality will grow the size and scope of government. If the state recognizes same-sex unions, Brown claimed, then public officials will “use the power of the state to punish, repress and marginalize” anti-gay activists.

He said that NOM’s opposition to marriage equality rests on the “libertarian argument” that if the state refuses to “recognize the truth that marriage is by its nature the union of a man and a woman” then “you’re giving the power to the state to call black white and white black, to put a falsehood into the law and a state that can do that is a state that pretty much can do anything.”

This is an issue where we can get new blood to support the Constitution, I mean that’s what’s at stake, Constitutionalism. When you have African American and Hispanic folks stepping up and saying that we will stand up for traditional marriage, we can make inroads there. I think the local Tea Party groups that have helped us with marches, helped us in any way they can, they’ve understood that this is about marriage, this is about the future of Western civilization, but this is also about our Constitution and whether judges can willy nilly create law out of thin air and I think that that has helped motivate a lot of the Tea Party groups.



We need leaders and we’re working with leaders like Senator [Marco] Rubio or Ted Cruz, or whoever they may be, who understand what’s at stake and will really lead the party and sort of counter some of these arguments. The second part of this is this false libertarian argument that somehow the state should just get out of marriage altogether. That is not going to happen. There is really one or two outcomes that’s going to happen in this: either we’re going to have the state embrace this new definition of marriage and use the power of the state to punish, repress and marginalize those of us that know that marriage is the union of a man and a woman, or we’re going to have the state recognize the truth about marriage.

Ours is actually a libertarian argument. We’re not arguing that the state create marriage, the state does not create marriage, but the state has to recognize the truth that marriage is by its nature the union of a man and a woman. When it abandons that truth, you’re giving the power to the state to call black white and white black, to put a falsehood into the law and a state that can do that is a state that pretty much can do anything.

Brown also fielded a question from notorious ant-gay activist Brian Camenker of MassResistance, who asked why NOM is not taking “a hard stance” against same-sex relationships and openly calling homosexuality “perverse” and “unnatural.”

Brown said that NOM tries to avoid making those arguments outright simply for tactical reasons as they are trying to sway Justice Anthony Kennedy and “it’s not likely that a stronger argument about homosexuality is really going to shift Kennedy.”

However, Brown said that other groups should continue “taking a harder line in focusing more on homosexuality.”

“Different groups need to do different things, not all groups have to do the same thing,” Brown explained. “So folks that are taking a harder line in focusing more on homosexuality, there need to be different groups doing different things.”

Camenker: It’s concerning to a lot of people that the arguments being used in the various court cases concede that homosexual relationships are legitimate and not a perversion or what have you, we just don’t like them, and we wonder if there was more of a hard stance that they are not legitimate, that it is perverse, unnatural and what have you, that we might have some better success in some of the cases.

The second part of the question is I understand that you’re at CPAC, what is it like being virtually the only pro-family, pro-marriage guy there? I’m very disturbed at the way CPAC is being run this year.

Brown: Whenever I’m asked about what I think about homosexuality, I’m very clear, I believe and as a Catholic I believe in the traditional teaching of our church. I think that sex is reserved for marriage, period. As far as the legal arguments go we may differ. I think a lot of the legal arguments have been made in the Prop 8 case especially have been made to speak to [Justice] Kennedy and Kennedy has already found in the Lawrence case, for example, that states can’t ban sodomy. So it’s not likely that a stronger argument about homosexuality is really going to shift Kennedy.

I know some people think we need to focus more on homosexuality. All I’ll say is that when asked I state what I believe and many of the religious supporters that we’ll have at the march clearly will stand up and proclaim biblical truth on marriage, but I’m not sure whether legally that is the best strategy. Also, different groups need to do different things, not all groups have to do the same thing. So folks that are taking a harder line in focusing more on homosexuality, there need to be different groups doing different things.

Deace on O'Reilly's Marriage Remarks: 'That Is a Hanging Offense'

Conservative talk show host Steve Deace is not happy with Bill O’Reilly’s seeming reversal on marriage equality, telling Religious Right activist Bob Vander Plaats that O’Reilly is “betraying” his own viewers and is essentially a “charlatan” and a “fraud.”

While discussing the Supreme Court’s handling of the marriage cases with Vander Plaats, who warned that the court could “set off a constitutional crisis,” Deace said that O’Reilly is a traitor to his conservative base: “you stab them in the back, throw them under the bus and use the enemy’s own language against them. To me that’s a hanging offense; that is a hanging offense.”

Vander Plaats: If you usurp the will of the people—we saw it in Iowa, you usurp the will of the people, three justices get removed, there’s a credibility gap with the three justices that continue to serve— if you usurp the vote of the people of California you will set off a constitutional crisis against these United States and it should be a constitutional crisis. People like you and me and others, we’d help do our part to set off a constitutional crisis if that is in fact what they came back with.

Deace: I’ve got a bee in my bonnet big time and it’s Bill O’Reilly at Fox News. I don’t like charlatans, I don’t like frauds; give me Rachel Maddow, at least she’s honest. But when you are trying to profit off of the very people you are betraying and you have tried to condescend them and patronize them for years and then at the moment they probably need you to return the favor of all the money they made you over the last fifteen years the most, you stab them in the back, throw them under the bus and use the enemy’s own language against them. To me that’s a hanging offense; that is a hanging offense.

Deace said there are no good arguments for same-sex marriage, and gay rights activists are just throwing “a hissy-fit.” He even said it is pointless to note that homosexuality is found in other species besides humans since “there’s also the licking of one’s own genitals, the flinging of one’s own feces and the eating of live prey and then puking it up to feed your offspring in nature too.”   

With this issue there are no good arguments for it because the argument essentially boils down to, ‘because I want it.’ It’s essentially a tantrum; it’s policy by desire. ‘Because I want it.’ It’s a child throwing a hissy-fit, tantrum in Wal-Mart because mom bought me the regular sized M&Ms and not the king-sized that I demanded. As Ryan T. Anderson of the Heritage Foundation pointed out on CNN this week that just drove the reporter into a meltdown, ‘no one is in jail for having consensual homosexual sex with another adult, what you’re trying to do is impose your narrow definition of what this means and therefore what it means for free speech and religious liberty on everybody else.’ So they throw out all these clichés and they are so easy to debunk. One of my favorites is, ‘well there’s homosexuality in nature.’ There’s also the licking of one’s own genitals, the flinging of one’s own feces and the eating of live prey and then puking it up to feed your offspring in nature too.

Kuhner: 'Homosexual Lobby' Pushes 'Fascism,' 'Moral Anarchy' and 'A Culture of Death'

The Washington Times’ stringently anti-gay columnist Jeffrey Kuhner is out with a new piece today warning that gay equality will result in “moral anarchy and social disintegration.” According to Kuhner, “the homosexual lobby” is being advanced by the “modern-day fascists” of the judiciary, who seek to bring about “liberal fascism.”

“Their lifestyles and behaviors inevitably lead to a culture of death,” Kuhner writes. “Homosexual behavior — for example, sodomy — is unnatural and immoral.”

He goes on to write that a gay rights victory at the Supreme Court “will be calamitous for democracy and the family” as it would bring about “social intolerance and secular McCarthyism,” such as hate speech laws, and exacerbate society’s “cultural decay and moral decadence.”

The homosexual lobby is on the verge of a historic victory. The potential consequences will be calamitous for democracy and the family. It will usher in a brave new world marked by cultural decadence and judicial tyranny. Traditional America will be smashed — probably forever.



They are seeking to impose a social revolution from above. Their weapon: the courts. The attempt to roll back Proposition 8 represents a fundamental assault on our democracy. In 2008, the voters of California decided in a free and fair election to retain the historic — and real — definition of marriage as the union between a man and a woman. The referendum passed with nearly 53 percent. Blacks and Hispanics supported it by large majorities. The electorate spoke. Instead of respecting the vote, however, the homosexual lobby has sought to overturn the will of the people. The courts then nullified the election pending the appeal process. It is now in the hands of the high court.

This is a national tragedy — and shame. Democracy is being subordinated to judicial imperialism. The right of self-government is being supplanted by the rule of unelected and unaccountable elites. It is liberal fascism masquerading as judicial review. Wearing black robes does not give judges the justification to repeal an election. Judges are becoming modern-day fascists, unilaterally wielding state power to trample on legislative prerogatives, democratic freedoms and basic social institutions. We are slowly ceding power not to a single dictator, but to a gang of legal oligarchs — ideological leftist activists who are legislating from the bench.

If five Supreme Court justices can reverse Proposition 8, then popular elections will be rendered meaningless. We are sliding toward a post-democratic age. This is the inevitable logic of secular liberalism. Moreover, homosexual marriage has nothing to do with “tolerance” or ending “discrimination.” It is about legitimizing the homosexual lifestyle, compelling society to embrace a radical new morality.

Same-sex marriage is a contradiction, an oxymoron. It is an attempt to redefine reality and human nature. Marriage is the basic institution of society. Its very definition (and essence) is the sacred union between a man and a woman. Its fundamental aim — and the reason for centuries it has held a special status in Western civilization — is to produce, raise and socialize children. It is the social conveyor belt by which one generation is passed on to the next. Destroy the family, and with it goes the glue holding society together.

Homosexuals cannot have children naturally. Their lifestyles and behaviors inevitably lead to a culture of death — the absence of any future human life, the fruits of a marital union. Liberal activists have been trying desperately to suppress a fundamental truth: Homosexual behavior — for example, sodomy — is unnatural and immoral. This is why it has been historically considered a grave sin in Christianity, Islam and Judaism. Even deists, such as Thomas Jefferson, believed sodomy so violated public morality that those who practiced it should be castrated.

Yet, by claiming that marriage is a “civil right,” pro-homosexual activists are hoping to portray same-sex marriage critics as intolerant bigots. In fact, their objective is to import the “hate speech” laws common in Europe. This leads to social intolerance and secular McCarthyism, whereby the Bible is viewed as hate literature for its opposition to homosexuality.



Liberal logic on the issue inevitably paves the way for moral anarchy and social disintegration. If marriage is a civil right, then anyone — including polygamists, bigamists and pedophiles — will demand that they be allowed to form unions. In fact, this is already taking place in Europe, Canada and Brazil, where same-sex marriage has been legalized. The push for homosexual marriage is a symptom of cultural decay and moral decadence. It reveals a civilization unable or unwilling to defend its most vital institutions. This is why many Americans innately know its wrong. It’s why the homosexual lobby has to crush dissenting voices. The cost, however, is the sabotaging of our democracy.

Southern Baptist Leader Fred Luter Links North Korean Threats to Gay Marriage, Boy Scouts

Fred Luter, the president of the Southern Baptist Convention, appeared Wednesday on TruNews with Rick Wiles, the Religious Right talk show host who is convinced President Obama is literally a demon.

After Wiles shared with Luter his theory that gay rights activists are to blame for North Korea’s threats to launch a nuclear strike against the US, Luter explained that while he is “not that strong in prophecy” he would not be surprised that there might be a connection.

“I would not be surprised that at the time when we are debating same-sex marriage, at a time when we are debating whether or not we should have gays leading the Boy Scout movement, I don’t think it’s just a coincidence that we have a mad man in Asia who is saying some of the things that he’s saying,” Luter said.

Listen:

Wiles: You know at precisely the same time the Supreme Court is hearing these arguments on same-sex marriage in Asia a crazy man in possession of nuclear weapons, Kim Jong-un, is openly saying: I have ordered our military to position our rockets on US targets in Hawaii, Japan, Guam and the mainland of the United States. He has gone into a full state of war this week. I don’t know, Pastor Luter, I don’t know if anybody is — I know they’re not — they’re just not putting this together. You got this happening over here and you got this happening over here: could the two be connected? Could our slide into immorality be what is unleashing this mad man over here in Asia to punish us?

Luter: It could be a possibility, I’m not that strong in prophecy but I would not be surprised that there’s not a connection there simply because of the fact we’ve seen it happen in scripture before. I would not be surprised that at the time when we are debating same-sex marriage, at a time when we are debating whether or not we should have gays leading the Boy Scout movement, I don’t think it’s just a coincidence that we have a mad man in Asia who is saying some of the things that he’s saying.

Indeed, Wiles started the program by warning that the US is being “transformed into a socialist, homosexual, anti-God, anti-biblical morality cesspool” and will commit “national suicide” if the Supreme Court rules “that homosexuals can marry.”

I have to admit I’m at a loss to understand the complacency and apathy of tens of millions of American Christians who are standing by, twiddling their thumbs while their nation is transformed into a socialist, homosexual, anti-God, anti-biblical morality cesspool. I fear that the moral decay has accelerated and worsened to such a degree that it is now impossible to halt the decline without a major catastrophe crippling the nation.



The Bible is full of examples to what happens to a nation that goes into idolatry and witchcraft and sexual sin, it always ends in disaster, always. So why aren’t we telling the American people that if you allow the Supreme Court to rule that homosexuals can marry, you have just committed national suicide. Why isn’t anybody standing up?

Luter told Wiles that he agreed with his analysis that the US may end up being “destroyed” like Sodom and Gomorrah over same-sex marriage.

Wiles: If the Supreme Court rules that same-sex marriage is a constitutional right, what are the ramifications for this nation? Luter: Oh man I would hate to think of it. You talked about Sodom and Gomorrah in your introduction and I can just see that happening man, it would be like America is pointing its finger at God and saying: ‘I know what your word says God, I know what the scripture says but we want to be our own king, we want to do things our own way.’ The last time a nation did that they were destroyed, Sodom and Gomorrah was destroyed. I just see things getting consistently worse in America because of our decisions that we’ve made to just get farther and farther away from God and God’s word.

Wiles: Do you think the average evangelical Christian in America comprehends the spiritual ramifications of this country endorsing same-sex marriage, do you think people sitting in the pews of churches, are they aware that once we go down that road….

Luter: I don’t think so. I don’t think they are Rick because I think if they were we’d have more of us standing against it, shouting out and saying that enough is enough. I don’t think they are aware, I don’t think that they are aware of what the consequences of these decisions and choices can be to our nation and to our families and to our churches.

After Wiles said that ten million Christians should stop going to work in order to protest the nation’s alleged immorality, Luter said that the country needs “about ten million Rick Wileses” to “start revival in America.”

Wiles: The country, the economic system would be on the verge of collapse if ten million productive Christians — guess who goes to work every day, the Christians; guess who pays their taxes, the Christians — if ten million productive Christians simply said ‘we’re going to sit things out until this craziness stops,’ I think it would be over in a couple days.

Luter: That would be powerful, that would be a phenomenal statement to America and I think also to the world. The challenge would be getting those ten million Christians together to make it happen.

Wiles: Apparently they don’t believe the Gospel enough.

Luter: I agree, we need about ten million Rick Wileses in the world, it would be radical.

Wiles: That would be a scary thought.

Luter: I think it would start revival in America, I really do.

Craig Parshall: Marriage Equality Victories Will Lead to 'Suppression of Speech'

Craig Parshall of National Religious Broadcasters added to the torrent of right-wing doomsday prophesies about marriage equality yesterday, claiming that a Supreme Court victory for gay rights would ultimately lead to hate speech laws wielded against Christians. In an interview with his wife Janet Parshall, a talk show host with Moody Radio, he warned that “the next victim will be not just the traditional view of marriage and the health of society, but it’s going to be the free speech rights of Christians as well.”

We have a hate crimes law on the federal level now that we didn’t used to have. It’s only been in play for a few years, but I’m already seeing indications that it could migrate toward the suppression of speech. So there’s no question in my mind that if either or both of these decisions go the wrong way, the next victim will be not just the traditional view of marriage and the health of society, but it’s going to be the free speech rights of Christians as well.

He was also upset that Justice Kennedy, during the arguments on Proposition 8, had brought up the well-being of California children being raised by same-sex couples. “There are some 40,000 children in California…that live with same-sex parents, and they want their parents to have full recognition and full status. The voice of those children is important in this case, don't you think?,” Kennedy asked.

Parshall, who has previously called the children of gay and lesbian parents “victims of gay mentality,” said that in this case the views of children shouldn’t be considered. “We don’t leave it up to children to make those decisions,” he said. “Either the parents make it, or a high-level court, or society through Proposition 8 voting, has to decide those moral, societal value questions.”

(Of course, in this case, the parents are not able to make the decision to get married because they are legally barred from doing so).

The issue was, I thought, brought to a head in a very interesting, but I think wrong-headed, question by Justice Kennedy, the swing vote again, who said, ‘Well, but what about those 37,000,’ and actually, excuse me, he said, ‘the 40,000 children living in same-sex relationships in California?’ Actually, the number’s 37,000, I think he rounded it up, that’s fine. The 37,000 children. ‘What about them? They want their putative father and other significant other to be called a married couple.’ Well, number one, do they? I don’t think a survey has been made of those 37,000 children. But, number two, we don’t leave it up to children to make those decisions. Either the parents make it, or a high-level court, or society through Proposition 8 voting, has to decide those moral, societal value questions. The child doesn’t make the decision about whether marriage should be instituted for the purpose of gay parents.

Rep. Mark Meadows: SCOTUS Ruling for Marriage Equality Will Undermine Democracy and Spark 'Constitutional Crisis'

During an appearance on The Steve Deace Show, Rep. Mark Meadows (R-NC) maintained that “our democracy and our representative form of government” will be “in dire straits” if the Supreme Court legalizes same-sex marriage. He told Deace that he is not “aware of any” precedent of the court making such a sweeping decision that would represent “a huge invasion into states’ rights.”

Deace: We’re talking about a supermajority of US states have already, all of them within the last ten to fifteen years, have defined what marriage is within their borders and now we have the US Supreme Court determining whether it has the jurisdiction to override a supermajority of US state laws. Mark, do you know of any precedent for that ever in American history? I can’t come up with one, ever.

Meadows: No, I’m not aware of any and obviously if it gets down to nine people deciding the will of the people our democracy and our representative form of government is in dire straits. The people here in North Carolina overwhelmingly came out and voted really en masse and with such energy that I’ve not experienced in over twenty-eight years of following politics here in North Carolina have not seen that kind of energy, and here we got the Supreme Court looking to overturn a California law that really where the voters voted there as well and you know it was obviously overturned in the Ninth Circuit and now we’ve got the Supreme Court saying that they’re going to weigh in on this particular issue. It’s a huge invasion into states’ rights and the state definition of marriage, whether you call it traditional or natural marriage, I call it marriage, you know it’s between one man and one woman, period.

Later, the freshman congressman charged that any such ruling would lead to “a constitutional crisis,” although he didn’t answer Deace’s question about how Congress would respond to the court’s decision.

Deace: What happens, I mean you’re a congressman, if the court does that, you are in a state that has already asserted its will on this issue but you’re in the body that our founders constitutionally gave oversight of the judicial branch, so you’re right in the thick of this debate. What happens if the court decides that they are their own constitutional convention without any recourse at all, what happens?

Meadows: Well I mean obviously we start to have a constitutional crisis. We’ve already seen some of that with the executive branch saying that they’re not going to enforce certain laws. I think it was Justice Scalia that brought this out in the last couple of days is when you get an executive branch that starts to decide what’s constitutional and what’s not and what they’re going to enforce and what they’re not, they’re usurping the authority of Congress and that’s the representative form of government and we can’t stand for that, as a people we can’t stand for that so we need to stand up and make sure that our voice is heard.

What the Right Got Wrong About Marriage Equality

People For the American Way’s Right Wing Watch has been closely following the Right Wing’s reaction to this week’s marriage equality arguments at the Supreme Court – which ranges from awkward homophobic discussions to outright threats of revolution.

Last night, our director of communications, Drew Courtney, went on PoliticsNation with Al Sharpton to discuss the Right’s reaction to the marriage cases. Watch it here:
 

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PFAW

Garlow: Christians Will be 'Forced Underground' if Court Affirms Marriage Equality

In an interview with Janet Mefferd yesterday, pastor Jim Garlow elaborated on his theory that gay people don’t actually want to get married. In fact, Garlow told Mefferd, gay people want to “destroy marriage” and “force us to affirm an immoral behavior.”

Garlow further warned that if the Supreme Court affirms marriage equality, Christians will be “forced underground. Their buildings will be taken away from them, many of their rights will be taken away from them.”

Garlow: I think it’s important for people to realize what’s really at stake here. And I know this sounds sound strange, most of us assume naively that what homosexuals are actually for is marriage. And that is not true, at least not universally true. What they want is to destroy marriage.

I think Masha Gessen out of Australia was the most open one I’ve seen on it. She’s a homosexual activist and she just said bluntly, ‘Let’s face it, we don’t want marriage, we want the end of marriage.’ And that’s exactly what happened, of course, in European countries, where they changed the laws regarding what the definition of marriage is and people just stopped getting marriage. And you’d think marriage rates would go up. Instead, they dropped because nobody respects the institution anymore.

And that’s what the heart of this is, not only to end marriage, they’re not demanding marriage for themselves, they want us, to force us to affirm an immoral behavior.

Mefferd: That’s it. And the religious liberty issue, and I know you’ve been really big on this as well, I think more Christians need to understand the connection between advancing LGBT rights and retreating Christian rights.

Garlow: If same-sex so-called marriage is established as the law of the land, many of the people who are listening to my voice right now, not maybe immediately but at some point in the future, if they are followers of Christ, will be forced underground. Their buildings will be taken away from them, many of their rights will be taken away from them.

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