Court Decisions & Judges
Monday, February 13th, 2017
Those Days Are Gone….for LGBTQ activists. Although Trump has already made some key capitulations to the LGBTQueer agenda, he has also disappointed homosexual and gender-confusion activist in major ways. Obama’s immoral LGBTQ legacy is astonishing and much of it will be hard to undo. This Newsweek cover accompanied an adoring 2012 piece on Obama by homosexual writer Andrew Sullivan.
Folks, after President Trump flubbed it bigtime by extending Obama’s LGBT executive order on federal contractors (and declaring as president-elect that SCOTUS-imposed homosexual “marriage” is settled law), he has done the right thing here by letting Obama’s intrusive “transgender” executive order die in court.
Think of it as payback for Obama refusing to defend the Defense of Marriage Act (DOMA) after “bullsh–ting” the American people on “gay marriage” in his 2008 run for president (to quote his top aide). Remember how Obama conned voters into thinking he was a pious believer in marriage as one man, one woman? (Mr. Rainbow Halo will have to answer to God for that some day, and much more.)
Now a note to AFTAH’s readers and supporters: if you haven’t figured it out yet, here is our approach toward President Trump and the LGBTQueer agenda: “Don’t really trust, and verify.” When he does right, like in NOT pushing gender confusion in schools, we will praise him. When he advances the “gay/trans” agenda, through action or non-action, we will criticize him.
I say this as a Cruz guy in the primaries who voted for Trump Nov. 8, and who would do so again: it is my longstanding conviction that God doesn’t give a pass to “Republican-backed” Sin Movements. Morality and biblical Truth know no party. So all you diehard, Trump-can-do-no-wrong fans: don’t bother urging us to go easy on Trump or look the other way when he enables homo-immorality, because we simply cannot–especially after hammering pro-sin Democrats all these years.
Here’s a “Washington Watch” piece with some good background on the Obama transgender order by Tony Perkins, president of Family Research Council. Following that is the reaction to AG Jeff Sessions’ action by the Human
Wrongs Rights Campaign (HRC), the world’s largest and most powerful homosexual-bisexual-transgender lobby group. God bless. — Peter LaBarbera, AFTAH; Twitter: @PeterLaBarbera
Trump Washes His Hands of Bathroom Order
February 13, 2017, FRC Washington Watch; sign up for FRC emails HERE
If you thought President Trump hit the ground running, you should see Jeff Sessions. The new attorney general was probably still unpacking his office when he got to work turning the page at the Justice Department after eight years of scandal. First up? The Obama bathroom mandate for public schools.
Less than 48 hours after his confirmation, Sessions’s DOJ made it clear the agency was under new management by refusing to defend the controversial order to let students of both sexes use any locker room, shower, or restroom they want. Since last May when President Obama shocked the country with his decree, the issue has been working its way through the courts — thanks to a huge pushback from states like Texas. By summer’s end, a federal judge agreed with parents: the Obama administration had overstepped its boundaries. In a huge win for the Constitution and common sense, Reed O’Connor blocked the rule from taking effect, at least temporarily. Frustrated, the Obama attorneys asked the court to lift its ban in every state except the 13 who sued the government over it. O’Connor refused, insisting:
“It is clear from Supreme Court and Fifth Circuit precedent that this Court has the power to issue a nationwide injunction where appropriate. Both Title IX and Title VII rely on the consistent, uniform application of national standards in education and workplace policy. A nationwide injunction is necessary because the alleged violation extends nationwide,” he wrote. “Should the Court only limit the injunction to the plaintiff states who are a party to this cause of action, the Court risks a ‘substantial likelihood that a geographically-limited injunction would be ineffective.”
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Friday, February 13th, 2015
Judge Roy Moore
AFTAH republishes this column by our friend Bryan Fischer from the outstanding website Renew America; to learn more about R.A., click HERE. Americans are indebted to Judge Roy Moore for attempting to stop arrogant judicial supremacists from imposing homosexual so-called “marriage” on the citizens of Alabama and those in so many other states who have been disenfranchised on this critical issue. — Peter LaBarbera, AFTAH
February 9, 2015
By Bryan Fischer
Follow me on Twitter: @BryanJFischer, on Facebook at “Focal Point”
A federal judge’s ruling is not a “law.” It is a “ruling.” So, for example, when people refer to Roe v. Wade as “the law of the land,” they are simply mistaken.
A “law” is something enacted by the elected representatives of the people (or by the people directly through referendum) and signed by the chief executive. A judge’s “ruling” is not therefore a “law.” Judges have no authority whatsoever to make law. They can issue rulings, but the power to make law is flatly prohibited to them.
This is clear from the first words in the the first article of the Constitution. “All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.”
That is “all,” as in “every last little single bit,” of the power to make law has been vested in Congress. That means no legislative power whatsoever has been granted to the judiciary. That is “no” legislative power as in zip, zilch, nada.
The New York Times makes a typical and constitutionally illiterate gaffe in today’s edition, on a piece on Alabama Chief Justice Roy Moore’s directive to probate judges in Alabama to refuse to issue wedding licenses based on what Alabama state law still refers to as “deviate sexual intercouse.”
In Alabama, United States District Court Judge Callie V. S. Granade issued a ruling – not a “law” you will note – overturning the state’s marriage amendment, which was passed with 81% of the vote in 2006. Thus this tyrannical judge in one fell swoop pulverized the voting rights of 697,591 Alabamians.
This judge, acting like a black-robed despot, has ordered Alabama to begin issuing same-sex licenses as of today (February 9). Judge Moore is rightly and constitutionally saying not so fast.
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Wednesday, December 31st, 2014
AFTAH News Release
December 31, 2014
By Peter LaBarbera, AFTAH.org; firstname.lastname@example.org; 312-324-3787
The year 2014 in America saw an unprecedented overreach by the judiciary, with federal judges–contemptuous or at least dismissive of the people’s clearly-expressed will–striking down as “unconstitutional” popular state ballot measures preserving the age-old definition of marriage as between husband and wife.
Only an “evolving Constitution” could countenance so-called rights and “marriage” based on sexual deviancy. Legislators, not courts, change the law, and well into the 20th Century most states had laws on their books banning homosexual sodomy—once known as the infamous “crime against Nature.” To this day homosexual acts remain “against Nature,” hence their disproportionate association with sexual diseases like HIV and syphilis—which is why MSM (men having sex with men) is a red flag for blood donations.
Today’s judicial supremacists—with media sycophants in tow—don’t care that the United States Supreme Court has already established precedent in 1972 against using the Fourteen Amendment–designed to combat institutionalized racism left over from slavery–to legalize homosexuality-based “marriage.” The Supreme Court dismissed in an appeal of the Minnesota Supreme Court decision Baker vs. Nelson in which the majority wrote:
“[I]n commonsense and in a constitutional sense, there is a clear distinction between a marital restriction based merely upon race and one based upon the fundamental difference in sex.”
The 2014 judicial avalanche in favor of radically redefining marriage to accommodate homosexual behavior exposes a key contradiction of the Left: on the one hand progressives bemoan voter-ID laws, arguing that these laws are purposely designed to make it harder for African-Americans and likely Democratic voters to cast a ballot.
On the other hand, “progressives” like those inhabiting the offices of the ACLU overwhelmingly support judicial negation of successful state constitutional amendments preserving marriage as between one man and one woman—in states like Utah, Michigan, Missouri, Oklahoma and Florida. Each of these court rulings imposing “gay marriage” disenfranchises millions of Americans on the issue.
Moreover, polls show that Black Americans are a strong demographic in support of traditional marriage. So effectively, to use Twitter-ese, liberals are saying that #BlackVotesMatter–except when it comes to popular state amendments rejecting homosexuality-based “marriage,” for which (millions of) #BlackVotesDoNotCount.
Sexual revolutionaries have cunningly have mastered the art of using government power through the manipulation of the law to legitimize their sin, in this case homosexual behavior–which God calls an abomination (“detestable”; see Leviticus 20:13) and a sin that can be overcome through Jesus Christ (1 Corinthians 6:9-11). So naturally the Left has exulted in the tendency of most courts to reject overwhelmingly popular ballot measures designed to protect the historic definition of marriage.
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Wednesday, October 16th, 2013
This is how the Left takes over institutions: inept Army misconstrues “God Hates Fags” message with American Family Association’s Christian opposition to homosexuality
U.S. Army Smears Christian Americans: In this chilling photo acquired by Fox News reporter Todd Starnes, you can see the U.S. Army instructor’s slide with “American Family Association” (AFA) at the top. On the photo accompanying it is a sign reading, “No Special Laws for Fags,” from one of the Westboro Baptist Church’s notorious protests. AFA, like AFTAH and every major Christian pro-family group, has denounced Westboro and its unChristian message. See AFA’s video responding to the Army’s smear below. Photo: Fox News.
TAKE ACTION: Call or write your U.S. Congressman and Senators and demand a congressional investigation into the Obama administration’s use of the Southern Poverty Law Center’s spurious “hate” propaganda in the military and other government agencies to smear God-fearing Americans as “domestic haters.” For the House, call 202-225-3121; for the Senate, call 202-224-3121. Or write through the Contacting the Congress website.
By Peter LaBarbera
With all the efficiency of the U.S. Post Office, the United States Army and Armed Forces under Commander-in-Chief Barack Obama are working to redefine Christian and religious traditionalists who oppose homosexuality as “haters.” This story about an Army instructor’s woefully inaccurate “lesson” labeling both American Family Association and Family Research Council “domestic hate groups,” was broken by Fox News’ Todd Starnes. It is chilling: note in the photo above that accompanies the Fox story you can see on the Army instructor’s slide with a Westboro Baptist Church protester holding a patented WBC sign with the word “Fags” on it. And note the heading on the slide: American Family Association.
As AFA’s Tim Wildmon and Bryan Fischer explain in the video below, no Christian ministry uses the derogatory term “Fags,” and AFA, FRC — and AFTAH and a bunch of other pro-family organizations — all have denounced Fred Phelps’ and Westboro’s bizarre “God Hates Fags” message and tactics.
Reports Starnes on FoxNews.com:
Several dozen U.S. Army active duty and reserve troops were told last week that the American Family Association, a well-respected Christian ministry, should be classified as a domestic hate group because the group advocates for traditional family values.
The briefing was held at Camp Shelby in Mississippi and listed the AFA alongside domestic hate groups like the Ku Klux Klan, Neo-Nazis, the Black Panthers and the Nation of Islam.
This is what happens when the Left starts taking over institutions: they go after their enemies in the service of a warped ideology. And Truth, in this case, Judeo-Christian (Biblical) truth about homosexuality, and its defenders are the enemy. Wildmon is right: the evil, far-left Southern Poverty Law Center — with its preposterous, contrived “Hate Map” smearing conservative pro-family groups across the USA as somehow comparable to the KKK — is the source of this contemptible demonization of moral Americans. (Note that AFTAH is among the groups smeared as a “hate group” by the SPLC.) The SPLC and like-minded Cultural Marxists have their hooks in the Obama administration, and that translates into the de facto “Criminalization of Christianity,” to quote Janet Porter’s book by the same name.
When you adopt the philosophical position that opposition to homosexual behavior (a perversion and a sin) is morally analogous to racist bigotry, the result is this brand of crass ideological subversion. The Pentagon — which as AFTAH predicted is becoming the world’s largest “gay advocacy” organization under Obama and the “progressives” — now sees as one of its roles rooting out “anti-gay bigotry” among the troops. Here’s the problem: racism and homosexualism (proud homosexual advocacy and conduct) are both sins; opposing either of them is not. In fact, opposing sin and offering the redemption of the Gospel for it is a righteous act.
In essence then, the Pentagon under Obama and the Democrats are at war with Nature and Nature’s God [see America’s charter, the Declaration of Independence] — for God through Scripture has declared homosexual practice as sinful (yet changeable; see 1 Corinthians 6:9). (And Nature confirms this verdict shared by other major religions, as seen in the confluence of disease and homosexual sex.) Using your tax dollars, the U.S. Armed Forces are working hand-in-hand with Secular Left extremists to corrupt the morals and minds of our men and women in uniform — no matter what self-righteous, SPLC-spoon-fed rationalizations they employ to justify their mendacious “state propaganda.”
Take a look once more at the chilling photo above. Is this what we’ve been reduced to in Year 237 of the noble American experiment? Army soldiers being forced to surreptitiously report the anti-Christian bigotry of their superiors — and their own government — to the outside world? State bureaucrats mislabeling patriotic, Christian organizations like AFA — representing many millions of God-fearing Americans — as “domestic hate groups”?
The pro-homosexual Left has declared all-out ideological war on faith-based Americans who adhere to the historical, Judeo-Christian truth that homosexual acts are wrong and against God’s will. “Religious Left” activists are mobilizing their tremendous resources to advance the lie that homosexuality (sexual sin) and Christianity are compatible. (Homosexual “orientation” is now labeled a “gift from God” in one modern manifestation of Isaiah 5:20.) A Christian pastor and advocate, Scott Lively, who loves homosexuals enough to tell them the truth (that their sin struggle is not their identity) is accused in an international lawsuit of “Crimes Against Humanity,” and a Democrat-appointed judge allows the case to proceed.
Everywhere, it seems, truth is under assault, and we who love the truth must fight back or we will lose these United States of America in a rising tide of leftist tyranny. We must not let the God-rejecting Secular Left take over the country we love. — Peter LaBarbera, AFTAH
Here is AFA’s video response to this latest Obama administration outrage [read full Starnes story HERE]:
Saturday, June 1st, 2013
Left-wing Chicago homosexual activist Andy Thayer (at left) of Gay Liberation Network (GLN) unfurls pro-homosexual “rainbow flag” in the gallery of the Illinois House May 30. Photo: Dave Smith of Illinois Family Institute — who led the successful grassroots effort to stop passage of a homosexuality-based “marriage” bill before the legislative session ended May 31. Click on photo to enlarge.
UPDATE: June 1, 2013 — in what is a stunning setback to the Homosexual Lobby in Illinois, openly homosexual St. Rep. Greg Harris (D-Chicago) announced on the last day of the legislative session yesterday that he did NOT have the votes to call SB 10, the same-sex “marriage” bill. Harris and his high-powered liberal allies were not able to peel off enough Chicago Democrats or wavering Republicans — in a General Assembly that has veto-proof Democratic super-majorities in both houses — to pass the bill. A strong grassroots coalition of black, white and latino Christians across the state formed the backbone of the opposition.
Congratulations are well deserved to: first and foremost to my good friend and Illinois Family Institute (IFI) leader Dave Smith, who worked his tail off up and down the state to stop SB 10; and Laurie Higgins, Kathy Valente, Dave Norck and the entire IFI team; Paul Caprio of Family-PAC, who led the Coalition to Protect Children & Marriage (of which AFTAH is a member) and did yeoman’s work in thwarting SB 10; Bob Gilligan of the Catholic Conference; former Sen. Rev. James Meeks, who played a huge role; veteran Springfield lobbyists Ralph Rivera and Rev. Bob Vanden Bosch; Penny Pulen; Peter Breen; Scott Phelps (Abstinence & Marriage Partnership); Bishop Lance Davis; AFTAH Board Member John McCartney; John Zahm; John Biver; Jack Roeser; Nick Costello; Rev. Larry Rogers; Hiram Crawford; Tom Brejcha (Thomas More Society); Mary Anne Hackett; Elise Bouc; Rev. Bill Owens (Coalition of African American Pastors); Brian Brown and National Organization for Marriage; Jim Finnegan; Cardinal Francis George (see his letter on homosexual “marriage” HERE); and all the pro-family advocates who helped secure this unlikely victory. (There are so many more I could name.)
We must realize that this is only a temporary win. Now homosexual activists will redouble their efforts to homosexualize marriage in our state — so we must redouble our efforts to stop them.
Also, immediately after the defeat, the powerful homosexual lawyers group Lambda Legal began touting its lawsuit — before openly lesbian judge Sophia Hall — as another avenue towards legalizing homosexuality-based “marriage” in Illinois. Self-styled “queer” activists, filled with “pride” and considerable arrogance, believe they are entitled to homosexual “marriage” as a supposed constitutional “civil right.” They are wrong. (And, yes, Judge Hall should recuse herself from this case due to her obvious conflict of interest; see biased homosexual Advocate article HERE and “Think Progress” piece slamming AFTAH HERE.)
This hard-won victory, after a string of “marriage” defeats in other states, will encourage and energize pro-family advocates across the nation because it shows — despite the frequent boasts of our adversaries — that homosexuality-based “marriage” is NOT “inevitable,” even in Democratic-dominated Illinois. AFTAH has been defending real marriage here for a long time, so we will savor this triumph of common sense over social leftism. But only for a moment, and then it’s back to work.
This was about “We the People” winning out over homosexual and liberal special interest groups. God bless all of you who got involved in this battle: YOUR calls and contacts with legislators and fellow citizens made the difference! Let’s keep on fighting for Truth! — Peter LaBarbera, Americans For Truth About Homosexuality
Previous AFTAH “Alert” May 31:
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Tuesday, July 24th, 2012
Prof. Rena Lindevaldsen
This is Part One of AFTAH’s second interview with Prof. Rena Lindevaldsen [click HERE to listen], Associate Dean at Liberty University School of Law, based in Lynchburg, Va. This interview with AFTAH President Peter LaBarbera and Pastor John Kirkwood of Grace Gospel Fellowship church in Bensenville, Illinois, was recorded July 19, 2012. Lindevaldsen discusses the homosexual/ACLU lawsuit in Illinois contending that the state’s law defining marriage as between one man and one woman is unconstitutional. She opines that the presiding judge, Cook County Circuit Judge Sophia Hall, an open lesbian and member of a homosexual judges group, should recuse herself from the case due to an obvious conflict-of-interest. Lindevaldsen is the author of “Only One Mommy: A Woman’s Battle for her Life, Her Daughter and her Freedom,” the story of ex-lesbian-turned-Christian Lisa Miller’s quest to keep custody of her biological daughter, Isabella, and to deny custody to her former lesbian partner.
HOW TO LISTEN: This is an mp3 file, supported in most operating systems by Windows Media Player, Quick Time and/or I-Tunes. Real Player is not supported and there may be difficulty when attempting to listen with it. Left click once on the link below to play. (Please be patient, depending upon the speed of your internet connection it may take a moment or two to load.) OR right click the link then “save target as” to download the whole show.
7-19-12, Rena Lindevaldsen, Part One
Friday, July 20th, 2012
Cook County judge is member of homosexual judges group, advocated for “gay” cause; pro-family attorneys say she should recuse herself from case
Cook County Circuit Court Judge Sophia Hall as she appears in 2007 photo of her being honored along with 13 other openly homosexual judges. (See larger photo below.) Hall is a member of a Chicago-area homosexual judges group that celebrates homosexual unions and marches annually in Chicago’s “Gay Pride” parade.
By Peter LaBarbera, AFTAH exclusive
CHICAGO—Cook County Circuit Court Judge Sophia Hall — who will rule on combined pro-homosexual lawsuits challenging Illinois’ existing law defining marriage as one-man, one-woman — is an open lesbian and pro-homosexuality advocate, according to information widely available online but which has gone unreported by the media.
Judge Hall’s homosexuality is not a secret, nor an “open secret” –as it was with Vaughn Walker, the California judge who last year issued a decision overturning that state’s Proposition 8 marriage amendment only to subsequently reveal his “gay” identity. In contrast, Hall is a “charter member” of a homosexual judges organization in Chicago, the Alliance of Illinois Judges, which marches in Chicago’s annual “gay pride” parade. Last year, the AIJ sponsored — along with the “gay” activist organizations Lambda Legal and Equality Illinois — a public outdoor ceremony attended by city officials celebrating Illinois’ new “civil unions” law; AIJ judges officiated the “civil unions” for homosexual couples.
In a perusal of recent media reports on the Chicago “gay marriage” lawsuit, Judge Hall’s lesbianism and membership in a homosexual judges group that advocates for “gay rights” went unreported. Thus their implications for the case have not been publicly scrutinized, even by leading Illinois conservatives. Meanwhile, two pro-family attorneys contacted by AFTAH said Hall should recuse herself from the homosexual “marriage” case due to her personal conflict-of-interest. The pro-homosexual-“marriage” lawsuits were brought jointly by the ACLU and Lambda Legal, a homosexual legal group. Illinois’ Attorney General, Lisa Madigan, is supporting the homosexual activist lawsuits rather than defending her state’s marriage law.
Judge Hall herself has openly advocated for pro-homosexual causes, saying in a 2010 speech that she has “focused on efforts to combat the injustice of racism, gender bias, bias against gays and lesbians, and other stereotypes that belittle those who are stereotyped.”
The graphic below is a modified version of what appears in the July 2007 newsletter of the Lesbian and Gay Bar Association Chicago (LAGBAC) — which hosted a reception honoring Judge Hall and 13 other openly homosexual judges in Cook County:
The same edition of the LAGBAC newsletter announced two $4,000 scholarships to law students interning at Lambda Legal, one of which was “doing a myriad of assignments surrounding the Iowa same-sex marriage case.” Two years later, on April 3, 2009, homosexual “marriage” was legalized by the Iowa high court in a 7-0 decision.
Calls for Recusal
News of Judge Hall’s membership in and association with Chicago homosexual advocacy groups brought calls for her to recuse herself from the case that could bring legal homosexual “marriage” to Cook County (if not all of Illinois, although her decision will almost certainly be appealed to the Illinois Supreme Court). Said Professor Rena Lindevaldsen, Associate Dean of the Liberty University School of Law:
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Thursday, October 6th, 2011
From the AP report:
One of the three panelists, Judge Diarmuid O’Scannlain, went out of his way in a concurring opinion to dispute that either the U.S. Constitution or the Supreme Court’s interpretation of it provided “a member of the armed forces (with) a constitutionally protected right to engage in homosexual acts or to state that he or she is a homosexual while continuing to serve in the military.”
O’Scannlain also criticized the lower court judge who invalidated “don’t ask, don’t tell” last year, U.S. District Judge Virginia Phillips. He accused Phillips of willfully failing “to apply established law” so she could issue a ruling “that invalidated a considered congressional policy and imposed a wholly novel view of constitutional liberty on the entire United States.”
Per the usual, the Log Cabin Republicans put their pro-homosexuality activism way ahead of loyalty to the conservative Republican Party platform. (After all, for homosexual activists, it’s all about “me.”) The question now is: will the same conservative Republicans and GOP candidates who rightly pledge to repeal Obama-care also work to reinstate the homosexual military exclusion policy – or will they capitulate to the Left’s (and libertarians’) radical social agenda for the Armed Forces? If they surrender, pro-homosexual “diversity” policies will turn the Pentagon into massive “gay rights” bureaucracy that undermines religious freedom and the very conservative values that make our military strong. We shall see. — Peter LaBarbera, www.aftah.org
Excerpted from the Sept. 29, 2011 Associated Press article by Lisa Leff (emphasis added):
Appeals court tosses gays in military lawsuit
SAN FRANCISCO (AP) — A federal appeals court refused Thursday to decide the constitutionality of the military’s now-repealed “don’t ask, don’t tell” policy banning openly gay troops, saying the issue has been resolved since Americans can enlist and serve in the armed forces without regard to sexual orientation.
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