Tyndale Publisher Wins Again on HHS Mandate

Tyndale Publishers won by default at the Appellate Court level on a case against the HHS Mandate  Friday. The victory was automatic when the Obama Administration withdrew its appeal of an ruling by a lower court.

The publisher, which specializes in publishing Bibles, won a preliminary injunction in November from a lower court. The injunction prevented the government from enforcing the HHS Mandate against Tyndale, at least until the Supreme Court decides how to rule on the issue. The Obama Administration filed an appeal to this decision, which it withdrew on Friday, May 3.

The HHS Mandate forces religious businesses such as Tyndale pay for insurance coverage of abortifacient drugs. 

Alliance Defending Freedom, which is a legal group, has made statements that the reason the Obama Administration withdrew its appeal is that “The government dismissed its appeal because it knows how ridiculous it sounds arguing that a Bible publisher isn’t religious enough to qualify as a religious employer.”

Perhaps the person who said this has inside knowledge as to what the administration’s motives were for withdrawing the appeal. I am guessing that the administration thought they were going to lose the appeal, but I don’t know. 

Tyndale, functions as a Christian organization. It’s states that one of its “corporate goals is to honor God.” It holds weekly chapel service for employees, opens business meetings with prayer, and sends employees on Christian missions projects that are paid for by the company. Tyndale’s trustees must affirm a statement of faith says “there is one God, eternally existent in three persons.”

I want to emphasize that, while this victory is a good thing, it is not final. All roads in this case lead to the Supreme Court and what it decides.

From the Baptist Press:

WASHINGTON (BP) — A leading Bible publisher won another court victory against the Obama administration’s abortion/contraceptive mandate Friday (May 3), thanks in part to the administration’s own partial retreat in the case.

The publisher, Tyndale House, had won a preliminary injunction in November from a lower court that prevented the government from enforcing the mandate, which forces businesses such as Tyndale to cover contraceptives that can cause chemical abortions. The drugs often are called “emergency contraceptives” and can act after conception and implantation, and come under brand names such as Plan B and ella.

The administration appealed that injunction to the U.S. Court of Appeals for the District of Columbia, but eventually asked that the appeal be dismissed. The three justices on Friday granted the administration’s request and dismissed it.

The injunction will remain in place while the case itself, Tyndale House Publishers v. Sebelius, moves forward. The lower court judge, Reggie B. Walton, had said in his November injunction ruling that Tyndale likely would win the overall case.

The legal group Alliance Defending Freedom says the government’s desire to withdraw its own appeal is a good sign for religious liberty. ADF is representing Tyndale.

“Bible publishers should be free to do business according to the book that they publish,” said ADF senior legal counsel Matt Bowman. “The government dismissed its appeal because it knows how ridiculous it sounds arguing that a Bible publisher isn’t religious enough to qualify as a religious employer. For the government to say that a Bible publisher isn’t religious is outrageous, and now the Obama administration has had to retreat in court.” (Read the rest here.)

God Bless You: President Obama to Planned Parenthood

I think this speaks for itself.

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Trendy Jesus, Gonzaga, and MIssion Drift in Catholic Universities

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Catholic education cannot be Catholic unless it is also faithful to the Church and its teachings. 

Trendy Jesus is not the Lord of all Creation who is the same yesterday, today and forever.

The Catholic Church, with its 2,000 year witness of absolute fealty to Christian teaching, is irreplaceable. It has handed the Gospels, the creeds and the sacraments forward through the millennia to us and it will send them forward again to our children and grandchildren.

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Catholic education is part of that handing forward of an unblemished faith. When Catholic universities start spinning off into their own trendy little orbits around the moral fashions of the day, they cease to be legitimately Catholic and they fail in their mission.

Catholic schools are pressured to forego their first mission of upholding and teaching the faith, even here in the Oklahoma backwaters. In my town, it’s the schools in the wealthier areas who get the most pressure and who most often accede to it.

This pressure does not usually come from Catholic parents. It comes from non-Catholics, including a surprising number of atheists, who send their children to these schools for the excellent education outside the troubled public school system. I’ve listened to these parents decry the “backwardness” of the Catholic schools they send their children to. They can sneer and belittle with the best of them.

The schools often bend to this nonsense and shear themselves clean of large parts of their reason for existing in the first place.

It appears that this process of mission betrayal is far advanced in a number of the elite Catholic Universities in this nation. I’ve written before about “elite” Catholic Universities that have become expensive funnels for tracking their students from wealthy zip codes back into those same zip codes. Rather than being the leaven of society that Americans have long thought education to be, they are becoming markers of a new and isolated ruling class. I’ll go back to that aspect of this scandal in other posts.

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Today I want to talk about the loss of Catholic identity in some of our most well-known Catholic Universities. This ranges from Georgetown University and its willingness to cover the cross so that it wouldn’t be photographed with President Obama, to Gonzaga University and its refusal to give official status to the Knights of Columbus.

If Catholic Universities do not offer anything different than secular universities, then why do they matter? If all they give the Church is bragging rights about their famous graduates — many of whom appear to go out and fight against Church teaching in their careers — then why are we, the faithful — supporting them?

Gonzaga University is not alone in its mission drift. But its refusal to give the Knights of Columbus official status has certainly spotlighted what is happening there.

Dr Eric Cunningham, faculty adviser of the Knights of Columus council at Gonzaga, gave an interview to the National Catholic Register that speaks for itself in this regard. I’m going to pull quotes from the article, then link to it so you can read it all.

From The National Catholic Register:

A professor at Gonzaga University has countered claims by the school that it supports the campus’ Knights of Columbus Council after the group’s application to be a student organization was denied.

“Honestly I don’t see that they’re supported in any way,” Dr. Eric Cunningham, assistant director of Catholic Studies and faculty adviser to the university’s Knights council, told CNA April 15.

“If they’ve been denied club status, the only way they exist here is that the members of the Knights of Columbus council are enrolled here,” Cunningham stated.

This year the council has met at a seminary attached to the university, but has not been affiliated with the university, according to university paper The Gonzaga Bulletin.

Cunningham has noticed that the council is “listed in our advertising materials,” specifically in a brochure “that goes out to parents” showing the group listed as a student organization.  “So in other words, we’re kind of using them as recruiting tool, telling parents that we have a Knights of Columbus council that their sons can certainly join if they come here.”

Cunningham understands that roughly $1,000 of the council’s funds had been frozen by the Gonzaga student body association, and he said that “what I hear from the membership, is that hasn’t been returned yet.”

“Not only are they not being supported, they haven’t had their money returned to them. There’s no official support.” Cunningham has been associated with the council since 2006, and noted that he has made available to them the Catholic studies house, after “they were asked by the director of university ministry to stop meeting there.”

“They don’t have a chapter house, they were actually asked to stop meeting in the house they had been using. So I’d really love to know what Gonzaga is defining as support for the campus council.”

Cunningham lamented that this is typical of numerous Catholic universities, saying that “there’s nothing new about this” and that it “goes on I’m sure at every Catholic college campus in America, that hasn’t made its decision to reform itself as a more ‘Magisterial’ school.”

“Catholic universities are leading the way in turning Catholicism into a purely secular discourse and are restricting a serious intellectual engagement with what it means to be Catholic.” (Read more here.)

 

Over 85,000 File Comments on HHS Mandate

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Americans have the right to petition their government.

Eighty-five thousand of us took advantage of that right by commenting on the latest version of the HHS Mandate. This isn’t the first go-round of this process where the mandate is concerned. Back in August 2011 when the initial rule was issued, 147,000 commenters, most of them again the Mandate, filed comments.

It is mind boggling how much political capital the Obama administration has expended on this outrageous attempt to subvert the First Amendment. One of the many things that amazes me is the President’s willingness to play games with the American people by misrepresenting the issue and deliberately deepening the divides of the culture wars that are damaging us as a society. His allegiance to Planned Parenthood evidently knows no bounds.

If there’s one thing I know about politics, it’s that you don’t quit until the fight is over. This fight won’t be over until we have preserved the right to religious freedom for all Americans.

This article from the National Catholic Register gives a run-down of the history of this fight so far.

WASHINGTON — More than 85,000 parties have filed comments ahead of today’s 11:59pm Eastern time deadline to respond to the federal government about the latest version of its mandate that forces employers to provide contraceptives, abortifacients and sterilization in their employee health-insurance plans.

“There is still a lot of energy behind this in the Catholic community,” said Anthony Picarello Jr., associate general secretary and general counsel for the U.S. Conference of Catholic Bishops, which urged Catholics and people of good will to submit their comments with the U.S. Department of Health and Human Services.

More than 147,000 comments — most critical of the mandate — were previously filed when the government’s initial rule was issued in August 2011 and when the Obama administration proposed its first accommodation in February 2012.

The bishops’ March 20 report said last year’s proposed accommodation was inadequate and that the administration’s latest version of the mandate still violates religious liberty and conscience rights.

The USCCB filed its 26-page comment with HHS on March 20. The report said the mandate was virtually unchanged and that its religious “exemption“ still excludes most religious organizations and does not remove the burden on religious freedom.

EWTN’s Response

The Eternal Word Television Network also filed a comment, asserting that the government’s proposed rule does not permit anyone other than a church to be exempt from the mandate, noting that religious beliefs and conscience objections are held by people and organizations that are not churches.

The government is essentially forcing EWTN — which owns the Register — and other objecting parties to call contraceptives, sterilization and abortion-inducing pills “good” and to pay for them, without deductibles or co-pays by employees, says the filing, which was signed by EWTN President and CEO Michael Warsaw and General Counsel John Manos.

EWTN’s comment says, “At the heart of this dispute is whether EWTN or persons with similar beliefs must use their bodies and money to support this erroneous belief under government force. The Constitution restrains the government from forcing its beliefs on individuals, particularly any religious belief.”

“Yet this mandate persists to force EWTN and others to part with money and their health under threat of government force,” the filing adds. “Thus this fight is not about providing health care; it is about an erroneous belief, which the government accepts as a foregone conclusion, that contraceptives, voluntary sterilizations and abortion-inducing drugs are health care. EWTN refuses, by exercising the rights guaranteed to it by the same government, to swallow this error and merely ‘go along.’”

 

Read more: http://www.ncregister.com/daily-news/tens-of-thousands-beat-deadline-to-protest-hhs-mandate?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+NCRegisterDailyBlog+National+Catholic+Register#When:2013-04-8%2023:11:01#ixzz2PyzUbEtA

It’s Easter … and the Fight for Religious Freedom Continues

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I focused on Holy Week issues last week.

I would love to continue doing the same thing this first week of Easter. In fact, it might be nice to never do anything else. But the world and our duty to engage the world for Christ goes on.

Challenges to the HHS Mandate continue to wend their way through the judicial process. 

Hobby Lobby was granted a hearing of its appeal against the HHS Mandate before a full federal panel of nine judges. Most appeals are heard by three judges. The fact that the whole panel will hear this one reflects the seriousness of the issue involved. I can think of few issues more serious than whether or not the First Amendment applies to applies to everyone.

Hobby lobby shelves

We need to continue to support both EWTN and Hobby Lobby, as well as all others who have stepped up to fight for our freedoms.  I got paid today. I’ll be too busy to do any shopping for a few days, but the first chance I get, I’m heading to Hobby Lobby. I may top it off with lunch at Chick Fil-A. I hope you do the same.

From CNA:

.- Christian-owned craft giant Hobby Lobby will be able to make its appeal against the federal contraception mandate before a full federal panel of nine judges, rather than the usual three.

“Full court review is reserved only for the most serious legal questions,” explained Kyle Duncan, general counsel for the Becket Fund for Religious Liberty in a press release on March 29. The Becket Fund is representing the owners of Hobby Lobby in court.

Duncan said that the decision to grant a full nine-judge hearing speaks to the gravity of the issue.

“This case asks whether the First Amendment protects everyone’s right to religious freedom, or whether it leaves out religious business owners like the Greens,” he explained.

As its religious freedom case comes before a federal court, Hobby Lobby had petitioned for an “en banc” hearing, or an appeals hearing before the full bench of nine judges.

“We are grateful that the court granted Hobby Lobby’s petition,” said Duncan. (Read more here.)

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Meanwhile, EWTN’s lawsuit against the HHS Mandate was dismissed by an Alabama court because the court said the case “wasn’t ripe.” I would make a comment about the choice of the word “ripe,” but it’s too easy. EWTN has vowed to fight on.

If you’re getting the idea that going to court is a roll of the dice, you’re right. It all depends on which judge you draw and if their lunch agreed with them.

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From CNA:

.- The EWTN Global Catholic Network is “extremely disappointed” by a Monday court ruling that dismissed as “unripe” its lawsuit against a federal mandate that could require the organization to violate Catholic teaching.

“Contraception, sterilization and abortion-inducing drugs are not healthcare. EWTN cannot and will not compromise our strongly held beliefs on these moral issues,” EWTN President and CEO Michael P. Warsaw said March 25.

On Monday Judge Sharon Lovelace Blackburn of the U.S. District Court in Birmingham dismissed the Irondale, Ala.-based organization’s lawsuit until new regulations are “created and finalized.” The March 25 court decision agreed that EWTN has standing to sue, but it sided with Obama administration lawyers who contended that the case is not ripe for review. (Read more here.) 

 

Tea Leaves and Goat’s Entrails: Guessing What the Supremes Will Do About Gay Marriage

I’ve read that the ancients used to slaughter a goat and study its entrails to try to predict the future. Others made tea and studied how the tea leaves settled to the bottom of the cup for the same purpose.

We all want to know what’s going to happen. We’re smart enough to anticipate, but not prescient enough to know. This human conundrum has kept fortune tellers and sooth sayers of one sort or the other in business for all of human history.

I’m telling you this as a caution. What observers of the Supreme Court think they see in the twitch of a judicial eyebrow or rise of a voice at the end of a question may, in reality, be nothing more than a tic or a frog in the throat. Ditto for the questions the Justices ask. They ask questions for their own reasons, or sometimes I’m sure, for the other justices’ needs. Questions, facial expressions and tones of voice do not Supreme Court rulings make.

Having cautioned you — and myself — with all this, I have to admit that what the press is saying about the Supreme Court hearings on Prop 8 today seems to reflect what I’ve been saying all along: Do they really want to jump in there and take the authority to make this decision on themselves? Would they be pushing the country over a cliff? Wouldn’t it be wiser, more honest, and frankly, more in keeping with the Constitutional authority vested in the Court, to let the people continue to work this out through the electoral process?

After all, it is working. 

Tomorrow, the Court will hear arguments on the Defense of Marriage Act. While DOMA is important, Proposition 8 is the big one. The reason I say that is because Prop 8 is the question that opens the door for the Court to take the powers which have heretofore been vested in the states onto itself. 

These decisions, and the possible fall-out from them, hang like the Sword of Damocles over this nation. Will the Court be wise and let the people speak, or will it be foolish and thrust this country over the culture war cliff altogether?

From the Chicago Tribune:

It was the first of two days of argument. On Wednesday, the court will consider the 1996 federal Defense of Marriage Act (DOMA), which denies federal benefits to married same-sex couples. Rulings in both cases are expected by the end of June.

The narrower DOMA case does not give the court the same opportunity to issue a broad ruling because the case relates only to a federal law that limits the definition of marriage to opposite-sex couples for the purposes of federal benefits.

Only the California Proposition 8 case gave the court the option of finding a constitutional right for same-sex couples to marry. Polls show growing support among Americans for gay marriage.

But during the argument, Justice Anthony Kennedy, who is considered a swing vote, raised concerns about the court entering “uncharted waters” on an issue that divides the states.

Kennedy even raised the prospect of the court dismissing the case, a relatively unusual move that would leave intact a federal appeals court ruling that had earlier struck down the California law, known as Proposition 8.

In a similar vein, Justice Samuel Alito also urged caution, noting that gay marriage, as a concept, is “newer than cellphones and the Internet.”

None of the justices indicated support for the Obama administration’s favored solution, which would strike down Proposition 8 and require the eight states that already recognize civil unions or domestic partnerships to allow gays and lesbians to marry. (Read more.) 

Military Under Fire: How Would the Repeal of DOMA and Gay Marriage Affect Military Chaplains?

How would the repeal of DOMA and the legalization affect military chaplains?

When you consider this president’s previous attacks on religious freedom, that is a sobering question.

This video from the Marriage Anti-Defamation Alliance discusses these questions.

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Marriage March

The Rs and Ds Tie the Republic to a Railroad Track Called Sequester, Then Blame Each Other When the Train Arrives

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I know when I write a post that calls Republicans out on anything, I’m going to hear from many of my Republican pro life friends who are appalled, amazed and angered by what I’ve said.

I know when I write a post that speaks up for human life, freedom of religion or traditional marriage, I’ll get some of the same from the other guys. 

Today is a case in point. 

It turns out that my Republican friends are angry with me because I actually think that their party has something to do with the so-called “sequester” mess that this country is facing. These are the same Republicans who call me a statesman when I go after the President or the Dems for something I don’t like that they do.

Since I have the utmost respect for a couple of the people who are upset with me today, I am going to clarify just a bit.

I think both parties are putting the country at risk to play their little game. I don’t think either party gives a hoot what happens to people like you and me. And I don’t think either party actually believes the stuff they tell us at election time. 

President Obama had a big part in what has happened with the sequester. However, he didn’t make this mess all by his little self. There are some gigantic egos hooked up to little brains on the other side of the fence who have contributed their fair share to this situation.

What they are doing — and they are doing it together — is holding the American people hostage. 

They are also lying to us. That’s why the whole thing is so confusing. It’s impossible for anyone, including, I think, them, to keep track of the lies, sort them out and make sense of the situation. Both sides are lying. Both sides are spinning. Both sides are emailing their stalwarts with their talking points. Both sides. 

Both.

Not one.

Not the other.

Both. Of. Them.

I know it’s only natural for people who’ve staked so much of their trust in the gospel according to their political party to push back when somebody comes along and tells them they’ve been had. But, the truth is, if you’ve believed the propaganda either of our two political parties puts out, you have in fact, been had. 

I write posts like this because I love my country. I believe that we the people have got to stop being such easy marks for political snake oil salesmen who want to use us to obtain power for themselves and do what they please. 

These elected officials work for us. 

Did you know that?

Does anything they do make you feel that they know that?

If the answer is no, then you have already come to a rudimentary understanding of this situation, whether you will admit what you know to yourself or not. It’s not what I’m telling people that upsets them. It’s the fact that they know it’s true and don’t want to face what that truth means. 

What it means, and what they don’t want to face, is that there is no political party on a white horse who is going to save us or our country. This is a Republic, and we the people are going to have to do some of the heavy lifting ourselves. 

You can begin by calling your members of Congress and telling them what you think about the issues that matter to you. I don’t care if you support the sequester or not. I do care that you start thinking for yourselves and acting like free people who have a right to be heard in their own government. 

You can find your Congressperson’s email address and phone number here

The Idiots Did It. We’re Sequestered.

This is the low point in my time in the United States Congress. I can not tell you how ashamed I am.  

Senator Lindsay Graham, talking about the sequester. 

The Republican/Democrat game of chicken went to the next round last night when Congressional stonewalling forced President Obama to make good on his threats and sign the sequester order.

We’re sequestered. The Republican idiots and the Democratic idiots drove us over the cliff. 

What does this mean to you and me? 

I’m going to give you two replies. One will be what I’ve heard is going to happen to Oklahoma (and by derivation, to everyone else.) The second will be a more official summary. 

1. Oklahoma. What I’ve been told is that the sequester will take about .05% out of Oklahoma’s state budget. I’m expressing it in percent because that will make it easier for you to compute the effect on your state. Since so many of these things are based on population, that will be more accurate for you. I’m guessing, but I would imagine that the percentage will be similar in other states, while the numbers will (due to their higher populations) be higher. What that means in Oklahoma is several hundred million dollars which we will have to make up out of our relatively small state budget.

While that may not sound like a lot of money, (by government standards) one of the things that makes it hard to handle is that we are already well into the budget process. Coming as it does as an unplanned-for hit, it will be harder to make it up. Also, a good bit of this will ultimately be off-loaded on parts of the private sector such as the hospitals, who will have to handle the problems it creates in people’s lives out of their budgets. There will also be a hit on the economy, which will result in lower tax revenues, which could result in another round of this further down the line.

Oklahoma has fared relatively well in the recent economic downturn because we are an oil producing state and oil prices have been high. However, our tax revenues will fall if people buy less because of this sequester. 

Our military bases, such as Tinker Air Force Base, are predicting that they will have to furlough people in order to make up their part of the shortfall that they expect from the sequester. I believe other government agencies will be similarly impacted. This, of course, will also affect tax revenues and the overall economy.

I think we will see similar things all across the country, which is why I’m am detailing this here.

2. What the sequester does. 

President Obama was forced to sign the sequestration order as a result of Congress’ failure to act. This means that unless the members of Congress come back from their long weekend off with a new attitude, the sequester will take affect.

The sequester totals around $85 billion which will come out of the budget over the next 10 months. Non defense programs will be cut by 10% and defense programs will be cut by 13%.

Most government programs will be cut. Social security, Children’s health insurance, food stamps and Medicaid will not be cut. Medicare won’t be cut, but payments to providers will shrink by 2%. 

Most other government programs will feel the cut, with furloughs predicted for agencies ranging from the FAA to the Bureau of Prisons. 

It’s a little difficult to predict exactly what will happen since the President and the Republican leadership differ in what they are telling us and I think both of them are spinning things to bolster their case. Oklahoma Senator Tom Coburn says that agencies have plenty of space in their budgets to handle the cuts. From what I know of government agencies, I think he’s probably right. However, from what I know of government agencies, I doubt that they will do this. 

I expect more gamesmanship, which I expect means that agencies will not “handle” the cuts at all, and you and I will end up paying for all this. 

The worst of the sequester will not hit until April, since, by law, the government furloughs can’t start until employees have been given 30 days’ notice. If this goes on long enough for that to happen, we’ll start feeling it in all sorts of ways, including a sudden, powerful drag on the economy. For more information, go here and here.

In the meantime, as I said earlier, the president was forced to sign the sequester orders and Congress has gone off on a long weekend after a hard week of doing nothing good for the country. I’ve been through legislative fights, and I would guess they need a cooling-off period. The best thing they can do for all of us is go soak their swollen heads.

As for you and me, we have to decide for ourselves if this is how we want our government to work. We keep getting choices between bad and worse at election time. As a consequence, we’ve elected a whole Congress of party hacks who do not care enough about this country to do the nation’s business. 

I have never and I will never tell anyone to change their party. I have always, and I will always tell you that you need to demand that whichever party you are in clean up its act and stop giving us puppet people for elected officials. 

If you want to chat with your Congressional delegation about this, you can find their phone numbers and email addresses here

We elected these people. We can un-elect them. 

Obama Files Brief Asking Court to Overturn Proposition 8

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Think back ten months ago to when President Obama announced that his position on gay marriage had “evolved.”

What his position had in fact evolved from was his prior position when he promised the American people that he was against gay marriage. That was in 2008 when he was working to get elected president. Ten months ago, he announced that his thinking had evolved past his earlier promise and he was now in favor of gay marriage.

At that distant, and now forgotten time of ten long months ago, he promised the American people that his newly-evolved support for gay marriage was just his “personal opinion” and that it would have no effect on the actual laws concerning marriage. After all, the laws in question were not federal laws, and as President of the United States he had no power to or intention of trying to influence state legislatures. 

That, as they say, was then. This is now. And right now it appears that our president has every intention of using the force of his office in whatever way he can to push gay marriage on the country. The fiscal cliff/sequester fight may have robbed him of the economic wherewithal to use his powers as Commander in Chief to send aircraft carriers to the Persian Gulf, but evidently there is still plenty of money to buy ink for his office printers.

Yesterday, the president filed yet another of his briefs suggesting to the Supreme Court how they should rule on the question of gay marriage. In this particular brief, he asked them to overturn a vote of the people in California. I realize that President Obama is not one to care about things like consistency in his actions, but I still think it’s interesting that a man whose power of office comes entirely from a vote of the people would be so flip about overturning other votes of the people. 

The people spoke in California. But evidently, the president’s opinion on votes of the people is evolving right along with just about everything else he tells us he believes. So far as I can tell, the only promises this president can be trusted to keep are the ones he made to Planned Parenthood and the abortion on demand crowd. For them, he will do anything.

You can find the full text of the brief here

A New Yorker article describing the brief says in part:

Thursday night, just hours before a filing deadline, President Obama’s Justice Department submitted an amicus curiae brief asking the Supreme Court to strike down Proposition 8—California’s gay-marriage ban. Even more importantly, it did so by asserting a bold claim to full equality for gay and lesbian Americans, which is a significant development in the nation’s rapidly moving consideration of the issue.

 

The brief—which President Obama, according to a report on SCOTUSblog, personally helped craft—did not directly ask the Supreme Court to declare marriage equality a constitutional right. Even so, its legal reasoning points squarely in that direction. If the Court accepts the full weight and reasoning of the President’s arguments, any state constitutional amendment banning same-sex marriage would fail the test of constitutionality. Twenty-nine states, in addition to California, have such amendments now.

 

Theodore Boutrous, one of the lead attorneys in the small group of legal heavyweights representing the Proposition 8 plaintiffs (a team including David Boies and Ted Olson), said on a conference call for reporters which was quickly arranged after the brief was filed, that they were “extremely pleased” that the government had taken a strong stand for marriage. He added, with respect to other anti-gay marriage bans, “I don’t see any way these laws could survive” under the legal test urged by the Justice Department in its brief.

 

It would have been close to impossible to imagine these developments less than a year ago.

Read more: http://www.newyorker.com/online/blogs/newsdesk/2013/03/socarides-on-prop-8.html#ixzz2MJ1WdW7a


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