Today, the 9th Circuit upheld the absurd ruling of Judge Vaughn Walker of the U.S. District Court of the Northern District of California, striking down Proposition 8, the voter-approved constitutional amendment that would uphold traditional marriage in the state. The ruling itself was highly political and in no way legally oriented. “Proposition 8 serves no purpose, and has no effect, other than to lessen the status and human dignity of gays and lesbians,” wrote the Court, “and to officially reclassify their relationships and families as inferior… the Constitution simply does not allow for ‘laws of this sort.’”

This, of course, is blatantly false. To begin, the Constitution says nothing about marriage whatsoever, which means that its definition is left to the states to decide. Second, there are plenty of great reasons to uphold traditional marriage and to disapprove alternative forms of marriage, ranging from thousands of years of history to state interest in childbirth to state interest in child rearing. Thirdly, the notion that the “equal protection” clause of the 14th Amendment to the Constitution applies to homosexual behavior rather than innate distinctions like race is absurd. Marriage laws approve and disapprove behavior, not status. While gay rights advocates like to equate race and sexuality, the two are vastly different – you can’t shake your race, but your behavior can always change, no matter how unpleasant that change may be. Behavior is routinely regulated by the states and invariably affects people differently based on whether or not they engage in said behavior.

Leave aside the absolutely correct charges that this ruling is a legal abomination, and the fact that our judiciary wields far too much clout overall. Let’s focus instead, for a moment, on the impact this ruling will have on the presidential race.

President Obama has been able to elude the question of same-sex marriage overall. His slippery rhetoric indicates that he’s pro-civil unions but anti-same sex marriage but is “evolving.” This ruling will force him to take a side. He will likely attempt to suggest that this is a decision best left to the courts, but he’s never taken that position before – see, for example, campaign finance reform. It’s unlikely that the gay community or the religious community will allow him to get away with that. (more…)

The more I hear people criticize Governor Rick Perry for saying New York’s decision to legalize same-sex marriage was “their business,” the more I want to put a “Perry 2012” bumper sticker on my car. And when that criticism continues, because he also said things like “that is fine with me” and “that is their call,” I actually wonder if we understand freedom at all.

Honestly folks, do we have the courage to be free?

After all, Perry is only saying what he’s been saying for years, and what Thomas Jefferson spelled out in the Kentucky Resolutions (1798).  Namely, that states enjoy a sovereignty that allows them to make decisions apart from the federal government and apart from the consensus of other states.

Perry bases these statements on the Tenth Amendment, which clearly states: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” While this amendment does many things, one of the most important things it does is set clear limitations on the power of the federal government. It also demonstrates that our Founders believed every power not explicitly “delegated” to the federal government belongs to the states, “or to the people.”

Does Perry agree with same-sex “marriage”? Certainly not: which is why he supported an amendment to the Texas Constitution that defined marriage as a union between a man and a woman in 2005.  But Perry understands that just as Texas had every right to define and protect traditional marriage within their borders, so too other states have the right to foolishly undermine that same institution within theirs. (I think New York’s decision was stupid, but the expression of freedom doesn’t have to be smart in order to be legitimate.)

(more…)

From the Associated Press:

The floats were there, the music and dancing, too—all the usual staples of one of the world’s oldest and largest gay pride parades. But this year, something new joined the spectacle on the streets of New York City: proposals and wedding plans.

New York’s parade turned into a carnival-like celebration of same-sex marriage Sunday as hundreds of thousands of revelers rejoiced at the state’s new law giving gay couples the same marital rights as everyone else.

“We’ve been waiting to get married in Central Park for years, and now we got here just in time for history to be made,” said Bryce Croft of Kettering, Ohio, who attended the festivities with her partner, Stephanie Croft.

(more…)

From Heritage Newspapers:

On Senior Day 2011, more than 100 University of Michigan Law School grads walked out on a speech by Ohio Senator Rob Portman.

Last Year, President Obama spoke to the University of Michigan. He criticized “poisonous” rhetoric and advised students to sample opinions of both left and right. President Obama also opposes same-sex marriage along with the majority of Americans.
(more…)

Gay marriage has now lost in every single state—31 in all—in which it has been put to a popular vote.

From the Associated Press:

Maine (AP) – Maine voters repealed a state law Tuesday that would have allowed same-sex couples to wed, dealing the gay rights movement a heartbreaking defeat in New England, the corner of the country most supportive of gay marriage.

Gay marriage has now lost in every single state—31 in all—in which it has been put to a popular vote. Gay-rights activists had hoped to buck that trend in Maine—known for its moderate, independent-minded electorate—and mounted an energetic, well-financed campaign.

With 87 percent of the precincts reporting, gay-marriage foes had 53 percent of the votes.

“The institution of marriage has been preserved in Maine and across the nation,” declared Frank Schubert, chief organizer for the winning side. (more…)

In the “gee, I made this not very smart person look really stupid” genre of film making- the sort of “ask stupid questions and play ridiculous characters and edit to make funny” made most famous by Sacha Baron Cohen- comes “Baltimore Acorn Workers support prostitution.”

Acorn is a community organizing network that works on a variety of issues, from voter registration to fighting predatory lending practices. In other words, it is just the sort of organization for poor people that the Right loves to hate.

According to the news stories, the video may show two (Black and seemingly not terribly educated) Acorn employees trying to help two (white and seemingly educated) young people figure out how to start a brothel with girls from El Salvador (who, not coincidentally, are here illegally).

ACORN workers caught on tape allegedly advising on prostitution – CNN.com.

Within this fantasy is every fear and desire of the far right: evil Black women activists, poor people, illegal immigrants, and sex. (more…)