Court Decisions & Judges

Judge Says No Right to Homosexuality in Armed Forces as Appeals Court Tosses Log Cabin Lawsuit

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SAN FRANCISCO (AP) — A federal appeals court refused Thursday to decide the constitutionality of the military’s now-repealed “don’t ask, don’t tell” policy banning openly gay troops, saying the issue has been resolved since Americans can enlist and serve in the armed forces without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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LISTEN: Prof. Rena Lindevaldsen Discusses Homosexual Legal Activism at Truth Academy-Columbus

Monday, June 6th, 2011
Prof. Rena Lindevaldsen

UPDATE: Since AFTAH re-aired her Columbus Truth Academy speech, Prof. Rena Lindevaldsen has published a book, “Only One Mommy: A Woman’s Battle for Her Life, Her Daughter, and Her Freedom: The Lisa Miller Story.” It is available through Amazon HERE; go here for Rena’s blog, “Only One Mommy.” Go HERE for Rena’s Facebook page.

The following presentation [click HERE to listen] is excerpted from a speech by Liberty University School of Law Prof. Rena Lindevaldsen was made at the Truth Academy in Columbus, Ohio, April 1-2, 2011 — sponsored jointly by Americans For Truth About Homosexuality and Mission America. We aired Prof. Lindevaldsen’s talk (edited down slightly from the original, without the ‘Q&A’ session) on the “Americans For Truth Hour” radio program May 21, 2011. Lindevaldsen discusses the escalating “gay” activist campaign to establish homosexuality — and same-sex “marriage” — as a “civil right.” She discusses the growing threat to religious and First Amendment freedoms arising from pro-homosexual court rulings and policies. Lindevaldsen explains how President Obama is undermining the Defense of Marriage Act, and warns that religious liberty will suffer a crushing blow if homosexuals receive favored “suspect class” status in the law. NOTE: All of Prof. Lindevaldsen’t excellent presentations at AFTAH’s Truth Academies are available below:

Order Truth Academy Sets: DVDs of Chicago 2010 or CDs of Columbus 2011 — Rena Lindevaldsen has spoken at both of AFTAH’s Truth Academies.  Columbus 2011: A 13-CD AUDIO set of this year’s two-day Truth Academy in Columbus, OH — co-sponsored by Mission America — is available for just $49 postpaid.  This 13-CD set includes the full talk above by Prof. Lindevaldsen, as well as presentations by Greg Quinlan, Matt Barber, Linda Harvey, Gary Glenn, Prof. Rob Gagnon, Peter LaBarbera and WorldNetDaily’s David Kupelian. Chicago 2010: A DVD-video set of the entire three-day Truth Academy — featuring two talks by Rena Lindevaldsen — is available for $89 (including postage). Other Chicago speakers include: Robert Knight, Barber, Quinlan, Ryan Sorba, Laurie Higgins, Gagnon, Arthur Goldberg, Cliff Kincaid and AFTAH President Peter LaBarbera. Double order discount: Order BOTH Truth Academy sets (the Chicago DVD-VIDEO and the Columbus CD-AUDIO) for a discount price of $129 (postage included). Send your check and specify your order to AFTAH, PO Box 5522, Naperville, IL 60567-5522; or give online at www.americansfortruth.com/donate/ (please use PayPal if possible). Send queries to americans

HOW TO LISTEN: This is an mp3 file, supported in most operating systems by Windows Media Player, Quick Time and/or I-Tunes.  Do not use Real Player.  It is not supported and there may be difficulty listening 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.

5-21-11, Prof. Rena Lindevaldsen

Barber: If the Judge Ain’t Straight You Must Vacate

Thursday, April 14th, 2011

Judge Vaughn Walker had “personal bias”; his “outrageous decision must be vacated”

Admitted homosexual Judge Vaughn Walker

By J. Matt Barber

Proposition 8 is an amendment to California’s State Constitution. It was passed by a comfortable margin via ballot initiative in 2008. Prop 8 maintained the age-old definition of marriage in the Golden State as requiring binary male-female compatibility. It remains tied-up in Federal Court today.  

Back in February of 2010 it became rumored that retired Federal Judge Vaughn Walker – who presided over the case at the District level – was a practitioner of the homosexual lifestyle. It was further reported that he had a longtime male lover. Judge Walker refused to confirm or deny the rumors. At the time I was one of the few people to publicly call for his recusal. It’s inexplicable that attorneys defending Prop 8 didn’t make such a motion.

With Judge Walker’s recent admission that he does in fact practice homosexuality, the case for recusal has been proven. His ruling on the Prop 8 case should be immediately vacated as he possessed both an incontrovertible and disqualifying conflict of interest.

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Iowa Voters Toss Out Three Supreme Court Justices Who Imposed ‘Gay Marriage’

Wednesday, November 3rd, 2010

Three elitist Iowa Supreme Court Justices down, four to go.

When the ACLU is whining about how “extremists” are taking over America, it is generally a sign that something good has happened in this nation. “We the People’s” repudiation of President Barack Obama’s and the Democrats’ left-wing agenda extended to a rejection of “homosexual marriage” and other extreme policies. Iowa voters tossed out three state Supreme Court justices who were part of the 7-0 decision to impose counterfeit “same-sex marriage” on the state in 2009. Good for them!

This is only the most important of many defeats for the Homosexual Lobby and its elitist liberal defenders on Election Day. We will try to alert you to some other significant pro-family victories on what was truly a pivotal day for the United States of America. — Peter LaBarbera, www.aftah.org

As reported by WorldNetDaily.com, excerpted below:

Voters tell 3 Supreme Court justices: You’re fired!
Ouster follows imposition of same-sex ‘marriage’ on Iowans

——————————————————————————–
Posted: November 03, 2010
11:21 am Eastern

By Bob Unruh

Iowa voters have expressed their opposition to court-mandated same-sex “marriage” in their state by firing three of the state Supreme Court justices who created the new “right.”

Now those who campaigned for voters to reject Marsha Ternus, David Baker and Michael Streit say they are hoping that the message will reverberate across the country and other judges will begin reining in their activism.

“The people have spoken. Time for the elitist judges to understand there is a constitution and that government is owned by the people,” wrote Dennis S. in a forum at the Topix.com website.

Pastor Cary Gordon of Cornerstorne World Outreach in Sioux City, [Iowa] was one of the pastors who coordinated a letter to churches asking them to speak out against homosexual “marriage.”

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Dude, Obama: Here are Some Less Hip Questions We Wish Jon Stewart Had Asked You on the Daily Show

Friday, October 29th, 2010

President Obama degraded the Office with liberal Stewart’s help 

Barack Obama may be setting new highs when it comes to presidential appointments of People Practicing Homosexuality (PPH) in his administration — already more than 150, according to AP — but he’s setting new lows everywhere else. Yesterday, leftie Comedy Central “anchor” Jon Stewart referred to the Commander-in-Chief as “dude” in the course of his half-hour interview with Obama. (Obama is the first president to appear on the show.) 

Read liberal Washington Post writer Dana Milbank’s slam on Obama and his appearance (“On Comedy Central, the joke was on President Obama Wednesday night”) HERE, and watch the “dude” reference in context starting at about 1:45 on Part 3 of the videos of the Daily Show interview HERE.

I agree with this comment responding to a YouTube critical of Obama’s Daily Show disaster: “Obama has diminished himself so many times enough already that even liberals don’t treat him with presidential respect.” We at AFTAH are not nearly as cool as Jon Stewart, and don’t have anything approaching his cultural sway (especially with young people), but here are some questions and comments we wish he would have delivered to the Dude-in-Chief:

  • Dude, stop undermining our military by using illegal means to homosexualize it (under the existing law that only Congress can change, homosexuals are barred from serving in the Armed Forces; see www.cmrlink.org); 
  • Dude, abortion is the murder of an innocent life; stop promoting it and don’t make taxpayers subsidize it;
  • Dude, aren’t you trashing the Defense of Marriage Act and the Constitution by granting via Executive Order marriage-type benefits to homosexual “spouses“?;
  • On the same point: dude, you really pulled the wool over America’s eyes (and Rick Warren’s…) with all that talk in the 2008 campaign about how you believe marriage should be preserved as between a man and a woman. If that were true, why didn’t you use your Bully Pulpit to criticize the homosexual activist judge who recently single-handedly overturned California’s Proposition 8 — even though this marriage-defense amendment had passed in a statewide referendum?
  • Read the rest of this article »

American Legion to President – Appeal DADT Court Decision

Friday, October 15th, 2010

INDIANAPOLIS, Oct. 14 /Christian Newswire/ — As the board of directors of The American Legion met in Indianapolis, its national commander called on President Obama to immediately appeal the ruling from U.S. District Judge Virginia Phillips in Riverside, Calif., that would “immediately suspend and discontinue any investigation, or discharge, separation or other proceeding that may have been commenced” under Don’t Ask; Don’t Tell.

“Consistent with our long-standing policy of allowing the military to police its own requirements and standards for service, The American Legion requests you appeal this decision and seek a stay on the current injunction,” National Commander Jimmie L. Foster wrote in a letter to the White House. “No action by a single federal judge should obviate the policy of Don’t Ask; Don’t Tell before the Department of Defense completes its review.”

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Will Our Military Stay Moral? Judge Orders Lesbian Reinstated to Air Force

Monday, September 27th, 2010

Dear Readers,

We hate to rely on a story by AP (Always Politically Correct), but our friends at AFA’s OneNewsNow did so and we will as well. I have not yet read the details of this latest homosexuals-in-the-military case. But I do know this: as with the rest of society, when everyday officers and servicemembers imbibe the “new” American morality (which is at its core merely a rejection of God and true, biblically-based morality) and defend open homosexuality in the ranks, it undermines the preservation of a noble military.

That is just another way of saying that a degraded military reflects a degraded society.

When the practice of homosexuality — once widely regarded as sinful and abhorrent, deviant, and a sign of bad character — becomes a trivial matter, it is not surprising that efforts to disconnect it from punishment will gain in popularity. These efforts will be abetted by corrupt, liberal judges who yearn to make law — not interpret it — because … well, because they think they’re smarter than the rest of us, and even smarter than lawmakers. Hence the successful “gay” campaign to decriminalize anti-sodomy laws. (Cunning homosexual activists took it up a notch by making their favored perversion the basis for a new brand of “civil rights” — one that apparently even supersedes the rights of moral citizens to act based on their disagreement with this disordered lifestyle.)

America does not need a post-moral military, but it may be what we deserve. The irony is that if President Obama and his determined “queer” allies succeed in turning our Armed Forces into a driving force for immorality, it will only hasten the deterioration of our culture to the point, ultimately, where weapons and soldiers cannot save us from oblivion. If America rejects God, her prospects are dim. — Peter LaBarbera, www.aftah.org

See story after the jump

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‘Log Cabin Republicans’ Are Plaintiffs in Federal Judge’s Ruling Striking Down Don’t Ask, Don’t Tell as Unconstitutional

Tuesday, September 14th, 2010

Why are Republican leaders like Sen. John Cornyn courting this radical group?

The homosexual activist group Log Cabin Republicans is listed as Plaintiff on the 86-page decision by District Court Judge Virginia Phillips striking down the "Don't Ask, Don't Tell" rule against self-avowed homosexuals in the military as "unconstitutional." Several prominent Republican lawmakers led by Sen. John Cornyn (R-TX) are slated to speech at a Log Cabin event in Washington, D.C., Sept. 22nd.

Like we always say: homosexual activists first, Republicans second. What do you do when your Democratic Commander-in-Chief is ramming the pro–homosexual agenda down the military’s and the nation’s throat? Make the Republicans more pro-perversion — yeah, that’s the ticket!

Perhaps the GOP could get a leg up on the Democrats by pushing immediately for the admission of open transsexuals (in addition to homosexuals) into the Armed Forces — with military-covered “gender reassignment surgery” (aka sex-change operations) for gender-confused transgender soldiers as a recruitment incentive. Sen. Cornyn, I’m being facetious…. Read the activist judge’s ruling HERE. — Peter LaBarbera, www.aftah.org

_________________________

Courtesy LifeSiteNews.com:

Federal Judge Deems Military ‘Don’t Ask, Don’t Tell’ Rule ‘Unconstitutional’

By Kathleen Gilbert, LifeSiteNews

RIVERSIDE, California, September 10, 2010 (LifeSiteNews.com) – A federal judge in California Thursday night ruled that the military’s “Don’t Ask, Don’t Tell” (DADT) policy banning homosexuals from disclosing their sexual orientation while serving in the U.S. military is unconstitutional.

The ruling, which the judge vowed to follow up with a permanent injunction against the policy in two weeks, arrived less than three months before the results of a Pentagon study evaluating the possible detrimental effects of repealing the policy is due to be presented to Congress.

In an 86-page opinion, Judge Virginia A. Phillips claimed that the defendants, listed as the United States and Secretary of Defense Robert Gates, have failed to prove that DADT “was necessary to significantly further the Government’s important interests in military readiness and unit cohesion.” The Log Cabin Republicans, a national homosexualist Republican group, was plaintiff in the case.

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