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Court Decisions & Judges
Wednesday, February 28th, 2007
From Legal Fictions, by Chuck Colson, published Feb 27, 2007, by Breakpoint:
Isabella Miller-Jenkins is only four years old, but she is at the center of one of the most important legal battles of our time. A judge will soon decide whether a woman with no biological or adoptive ties to Isabella can legally be declared her mother.
It sounds incredible, but it is the logical result of where our anything-goes society has been leading us all these years.
As the Washington Post reports, Isabella was conceived via artificial insemination while her mother, Lisa Miller, was in a same-sex civil union with Janet Jenkins. But later the civil union fell apart. Lisa took Isabella and left Vermont for Virginia. She also returned to the Christian faith of her childhood and became “determined to ‘leave the [lesbian] lifestyle’.” That meant that she no longer considered Janet to be Isabella’s parent.
But in our reckless pursuit of getting whatever we want at all costs, our nation has begun interpreting the law in a way that reinforces all the fictions that Lisa Miller no longer believes.
The subhead in the Post article says it all: “Janet Jenkins and Lisa Miller got hitched and had a baby together.” Together? Anybody who knows anything about biology knows that’s impossible. But that’s just how the courts are looking at it. As a judge in the case told Janet Jenkins’s lawyer, Janet (the lesbian partner) “without question is presumed to be the natural parent . . . by the basis of the civil union.” So in the court’s eyes, Isabella is the child of two women, something biologically impossible.
How is it possible that laws and court procedures could have become so dangerously fantasy-based? Actually, we should not be surprised. Many modern parents have unwittingly been collaborating with the process for years. The Washington Post tells us how Judge Cohen explained it: “Consider the situation of a heterosexual couple in which an infertile husband agrees for his wife to be artificially inseminated with donor sperm.” In such a case, the judge stated, the husband would be presumed to have parental rights even though someone else had actually fathered the child.
It all ties together. Heterosexual couples have tacitly approved this practice of including a silent third partner in a marriage to produce a child. And then it makes it very difficult to cry foul when homosexuals do the same thing.
Isabella’s plight shows us the tragic consequences of rejecting the biblical view of marriage, which provides for one man and one woman in the union to raise the child. Sure, there are extraordinary circumstances, and adoption is possible. But the norm is the norm, and the law has always recognized the natural moral order.
If Janet Jenkins wins her case—which may go all the way to the U.S. Supreme Court — Isabella may be taken from her biological mother to live with a woman she barely remembers. And not only Isabella; many other children would also be threatened by this waving of the judicial magic wand to produce legal parents out of nowhere.
…We need to see how our attitude of “I can do anything I want, and it won’t hurt anybody” has led to a situation that could hurt families everywhere.
For additional resources, go to Breakpoint…
Posted in "Civil Unions" & "Gay Marriage", A - What does the Bible say about homosexuality?, Conception, Court Decisions & Judges, Current State Law, Custody, News |
Thursday, February 22nd, 2007
UPDATED Mar 6, 2007 — According to Appeals Court Sides With Oakland on Removal of “Natural Family” Sign, by Bob Elgecko, published Mar 5, 2007, by San Francisco Chronicle:
…The Ninth U.S. Circuit Court of Appeals upheld a federal judge’s decision two years ago dismissing a lawsuit by the two employees, founders of a religious club called the Good News Employee Association.
In his February 2005 ruling, Chief U.S. District Judge Vaughn Walker said the two had other means of communicating their views, such as talking to co-workers during lunch breaks. He also said the city was entitled to enforce its ban on harassing gay and lesbian employees.
Continue reading at San Francisco Chronicle…
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Excerpted from ‘Natural Family’ Called Derogatory to ‘Gays’, published Feb 15, 2007, by WorldNet Daily:
A special session of the 9th U.S. Circuit Court of Appeals is being held today at the Stanford University Law School where lawyers are arguing whether the words “natural family, marriage and family values” constitute “hate speech” that could intimidate city of Oakland workers.
The words were used by two city employees who wanted to launch a group of people who shared their interests and posted a notice on a city bulletin board after a series of notices from homosexual activists were delivered to them via the city’s e-mail system, bulletin boards and memo distribution system.
But Robert Bobb, then city manager, and Joyce Hicks, then deputy director of the Community and Economic Development Agency, ordered their notice removed, because it contained “statements of a homophobic nature” and promoted “sexual-orientation-based harassment.”
The women, Regina Rederford and Robin Christy, also were threatened with firing from their city jobs because of their posting, according to their lawsuit against the city, which alleges Oakland’s anti-discrimination policy “promotes homosexuality” and “openly denounces Christian values.”
Read the rest of this article »
Posted in Christian Persecution, Court Decisions & Judges, GLBTQ Lawsuits & Retribution, News, Not with MY Tax money! |
Wednesday, January 31st, 2007
Excerpted from the Jan 23, 2007, press release from REAL Women of Canada:
On July 17, 2006, REAL Women of Canada laid a complaint with the Canadian Judicial Council about the conduct of Ontario Chief Justice Roy McMurtry in the same-sex marriage case, which was handed down in June 2003. We stated in our complaint that his actions in that case gave rise to an apprehension of bias for a number of reasons, including the fact that Chief Justice McMurtry’s daughter was a lesbian living in a homosexual union at the time the case was argued…
Further, two weeks subsequent to the court’s decision, the Chief Justice partied with two of the litigants and a photograph of the Chief Justice and the litigants together is widely available on the internet.
In the Judicial Council’s letter to REAL Women dated December 19, 2006, the Council claimed:
… the sexual orientation of a judge’s children, and indeed the fact that a judge’s children are married or living in a common law relationship are not, in Chief Justice Scott’s view, indicative of any bias on the part of a judge.
The Council, however, was well aware that the issue before the Court was whether same-sex unions should be legally recognized, i.e., whether they should be recognized and acquire legal rights. That is, the case dealt specifically with the legal rights of same-sex unions – a matter which directly related to Judge McMurtry’s daughter’s own personal relationship…
The Council, however, concluded that there is no basis to support the view that Chief Justice McMurtry should have recused himself on the basis of the personal relationship of members of his family.
This conclusion, however, flies directly in the face of the guidelines of the Canadian Judicial Council set out in its document, “Ethical Principles for Judges,” (1998), Chapter 6:
Conflicts of Interest
- Judges should disqualify themselves in any case in which they believe they will be unable to judge impartially.
- Judges should disqualify themselves in any case in which they believe that a reasonable, fair minded and informed person would have a reasoned suspicion of conflict of interest between a judge’s personal interest (or that of a judge’s immediate family or close friends or associates) and a judge’s duty.
- The potential for conflict of interest arises when the personal interest of the judge (or of those close to him or her) conflicts with the judge’s duty to adjudicate impartially. Judicial impartiality is concerned both with impartiality in fact and impartiality in the perception of a reasonable, fair minded and informed person.
- … a judge … should disqualify him or herself if aware of any interest or relationship which, to a reasonable, fair minded and informed person would give rise to reasoned suspicion of lack of impartiality.
- …a judge should disclose on the record anything which might support a plausible argument in favour of disqualification ….
It seems clear that the Judicial Council chose to ignore its own guidelines in order to protect Chief Justice McMurtry.
Continue reading at REAL Women of Canada…
Posted in "Civil Unions" & "Gay Marriage", Canada, Court Decisions & Judges |
Tuesday, January 23rd, 2007
A press release dated Jan 22, 2007, from Repent America:
On Friday, January 19, 2007, United States District Court Judge Lawrence F. Stengel granted summary judgment to both the City of Philadelphia and Philly Pride Presents, Inc. in the federal lawsuit brought by the Philadelphia Eleven.
PHILADELPHIA ELEVEN AFTER THEIR VINDICATION BY A PHILADELPHIA CRIMINAL COURT
CASE OVERVIEW
On October 10, 2004, six men and five women with Repent America (RA), who became known as the Philadelphia Eleven, were arrested while ministering the Gospel on the public streets and sidewalks of Philadelphia at a $10,000 tax-payer funded celebration of homosexuality called “OutFest,” which was organized by Philly Pride Presents, Inc.
Prior to their arrest, the Christians were confronted by a militant mob of homosexuals known as the “Pink Angels” who blew loud whistles and carried large pink signs in front of them to block their message and access to the event, while others screamed obscenities. The Philadelphia police, under the direction of Chief Inspector James Tiano, the City’s “police liaison to the gay and lesbian community,” refused to take any action as the Christians were continuously followed, obstructed, and harassed, even though they respectfully cooperated with police, obeying orders to move, short of being directed out of the event.
After spending 21 hours in jail, Philadelphia District Attorney Lynne Abraham’s office charged them under Pennsylvania’s hate crimes law called “Ethnic Intimidation,” along with a host of other felony and misdemeanor charges. If convicted, the Philadelphia Eleven could have faced up to 47 years in prison and $90,000 in fines each. These charges were later dismissed by Philadelphia County Court of Common Pleas Judge Pamela Dembe as being without merit. Subsequently, on October 21, 2005, the Philadelphia Eleven filed a federal lawsuit against the City of Philadelphia and Philly Pride Presents, Inc. for violations of their civil rights.
In his decision, Judge Stengel sided with the defendants, explaining that police were permitted to discriminate against the plaintiffs because of safety concerns coupled by Philly Pride Presents’ securement of a permit from the City to hold the $10,000 tax-payer funded celebration of homosexuality on the public streets, covering fifteen city blocks. Although Stengel conceded “the activity in question took place in a public forum,” and that “there is no doubt that the venue for Outfest, a designated section of streets and sidewalks of Philadelphia, was a public place,” he concluded that “once the City issued a permit to Philly Pride for OutFest, it was empowered to enforce the permit by excluding persons expressing contrary messages.”
“Obviously, we are very disappointed. We believe that the law clearly supports the rights of the plaintiffs in this case, as well as all individuals, to be able to engage in free speech activities on the public streets and sidewalks,” stated Ted Hoppe, attorney for the Philadelphia Eleven. “We do not believe that the fact that there was an event also taking place, even with a permit, diminishes that right,” Hoppe concluded.
“I cannot even begin to comprehend what Judge Stengel’s thought process was in making this decision,” stated RA director Michael Marcavage upon hearing the decision. “This ruling was entirely unexpected considering that all the evidence has been overwhelmingly in our favor, complete with video documentation, not to mention the fact that all eleven of us were vindicated of any wrongdoing in criminal court,” he continued.
“It is without question that Judge Stengel’s decision has set a precedent to eliminate the First Amendment rights of others by citing that a ‘permitting scheme’ can be used by police and event organizers to ‘exclude persons expressing contrary messages’ in public areas and at public events. It is for this reason that his ruling is especially troubling and must be overturned,” Marcavage stated. “Christians must be free to speak the truths of God’s Word, warn the wicked, and to preach the Gospel in the public square without interference from government, and therefore, we will continue to battle for these God-given liberties by appealing this decision,” Marcavage concluded.
“When I say unto the wicked, O wicked man, thou shalt surely die; if thou dost not speak to warn the wicked from his way, that wicked man shall die in his iniquity; but his blood will I require at thine hand. Nevertheless, if thou warn the wicked of his way to turn from it; if he do not turn from his way, he shall die in his iniquity; but thou hast delivered thy soul.” — Ezekiel 33:8-9
Note: You may read the version on Philly Pride’s website to decide which you believe to be true. Remember to pray for our enemies and for those caught up in sin.
Posted in A - What does the Bible say about homosexuality?, C - Heroes for Truth, Christian Persecution, Court Decisions & Judges, E - Praying for the Lost, Homosexual Pride Parades & Festivals, News, Philly Pride, Police & Fire Departments |
Wednesday, January 17th, 2007
Excerpted from Queer Eye for the Ballot Box, by Natalie Hope McDonald, published Jan 17, 2007, by Philadelphia CityPaper:
They’re Out — A list of [Philadelphia] LGBT officials
Ann Butchart
Judge, Court of Common Pleas, Philadelphia
William Caldwell
City Council, Norristown
Geraldine Delevich
Borough Council, New Hope
Kevin Lee
Borough Council, Lansdowne
Lori Schreiber
Township Commissioner, Abington
Paul Thomas
Judge of Election, Philadelphia
Continue reading at Philadelphia CityPaper…
Posted in Candidates & Elected Officials, Court Decisions & Judges, Victory Fund |
Thursday, January 11th, 2007
What the NEA (National Education Association) refuses to admit as it (again, below) recommends pro-homosexual “anti-harassment training” is that such training invariably undermines the firmly-held beliefs of Christian and other students who believe homosexual behavior is wrong. “Anti-bias” and “gay”-inclusive “bullying” programs rely on the very jaundiced work of groups like GLSEN (Gay, Lesbian, Straight Education Network), which have a long track record of assailing and distorting Christian and conservative teachings on homosexuality.
Why can’t schools simply ban all “bullying” or abuse of ANY students without getting into the homosexuality promotion business? — Peter LaBarbera
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From NEA’s website:
Rights Watch
Teaching Tolerance or Attacking Religion?
How far can schools go in teaching tolerance for gays and lesbians? Two federal courts tackle this thorny question.
It’s the latest battleground in the culture wars. In the wake of several high-profile cases holding school districts liable for failing to protect gay, lesbian, bisexual, and transgendered (GLBT) students from peer harassment, many schools have adopted training programs intended to reduce harassment and promote acceptance of GLBT students.
Some parents find these programs objectionable because they conflict with their deeply held religious belief that homosexuality is sinful, and they don’t want the schools to undermine their parental authority by teaching a contrary lesson.
Federal courts in Maryland and Kentucky recently struggled to resolve this conflict, with differing results.
In a dispute that is still ongoing, the Montgomery County (Maryland) Board of Education last year adopted a health education curriculum designed to teach tolerance of gays and lesbians. Among other things, course materials described as a “myth” the belief that “homosexuality is a sin” and characterized certain Christian religions as “intolerant and Biblically misguided” because they are “opposed to homosexuality.”
In a lawsuit filed in May 2005 by two groups of parents and citizens, a federal district court issued an injunction prohibiting the Maryland school district from implementing the curriculum. The court found that the course materials violate the Constitution by attacking the views of certain religions, while promoting the views of other religions that “are more friendly towards the homosexual lifestyle.”
The school district has agreed to revise the controversial curriculum. That process is still underway.
In the Kentucky case decided in February, a federal district court ruled that parents don’t have the right to have their children opt out of mandatory “student diversity training” designed to stop the harassment of GLBT students.
The program adopted by the Board of Education of Boyd County, Kentucky, consists of a one-hour video, followed by comments from an instructor and questions from students. Students who refuse to attend receive an unexcused absence.
Read the rest of this article »
Posted in Bullying & Victimhood, Court Decisions & Judges, Diversity & Tolerance Propaganda, GLSEN, NEA, News, Youth and School Related Organizations |
Tuesday, January 9th, 2007
A press release from Christian Civic League of Maine, published Jan 9, 2007:
Before the 2006 elections, Maine’s foremost civil and religious rights group, the Christian Civic League of Maine, filed suit in federal court to allow the League to run a grass-roots lobbying ad, urging Maine’s two Senators to vote for the federal marriage amendment. The suit was necessary because the League was prohibited by a law sponsored in Congress by Senator Olympia Snowe which prohibited citizens groups from running broadcast ads before an election which mention the name of a federal candidate.
The suit was ultimately dismissed by a federal court and is now on appeal to the United States Supreme Court.
However, this same law has now been declared unconstitutional by another federal court. In a case brought by Wisconsin Right to Life, a federal court has declared that Snowe’s law is unconstitutional as applied to grass- roots lobbying. The League’s attorney, James Bopp, Jr., is quoted in the Kennebec Journal saying that the ruling is a vindication for the League.
“I’m thrilled,” said League director Mike Heath. “Citizens must be free to speak out, especially when Congress is voting on important matters, even if there is an upcoming election. In this case, we were simply attempting to influence her vote on protecting marriage.”
The League also defended free speech in the early 1990s. “Gay” activists wanted to keep their issue from being voted on. The result of that two year long legal ordeal was a strong affirmation of the League’s position. The judge even forced the state to pay the League’s legal fees.
Posted in "Civil Unions" & "Gay Marriage", Court Decisions & Judges |
Saturday, November 25th, 2006
“Those who forsake the Law praise the wicked,
but those who keep the Law resist them.
Evil men do not understand justice,
but those who seek the Lord understand it fully.”
–Proverbs 28:4-5
Excerpted from Israeli High Court Orders ‘Gay Marriage’ Recognition, by Michael Foust, published Nov 21, 2006, by Baptist Press:
The land where Jesus once walked soon will recognize “gay marriage.”
In a landmark 6-1 decision, Israel’s Supreme Court Nov. 21 ordered the government to begin recognizing “gay marriages” from other countries, such as Canada. Although the decision doesn’t give homosexual couples the ability to “marry” within Israel’s borders, it nonetheless puts Israel at odds with countries such as Great Britain and the United States, neither of which recognizes foreign “gay marriages.” In fact, the U.S. government doesn’t even recognize “gay marriages” that occur within its borders in Massachusetts, the lone state where it is legal.
Four countries — Canada, Spain, Belgium and the Netherlands — have legalized “gay marriage,” and a fifth one, South Africa, is expected to do so within days.
The ruling by the High Court of Justice — the name for Israel’s highest court — gives homosexual couples the same legal benefits as traditional couples, including tax breaks and the ability to adopt, The Jerusalem Post reported. The decision forces the government to register the “marriages” like it does any other marriages.
“We don’t have a Jewish state here. We have Sodom and Gomorrah here,” lawmaker Moshe Gafni told Israel’s Army Radio, according to the Associated Press. “I assume that every sane person in the state of Israel, possibly the entire Jewish world, is shocked, because the significance is … the destruction of the family unit in the state of Israel.”
Read the rest of this article »
Posted in "Civil Unions" & "Gay Marriage", Africa, AFT In the News, Belgium, Canada, Court Decisions & Judges, Europe (also see "Meccas"), Israel, Judaism, Netherlands, News, Spain, UK |
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