Thursday, June 27, 2013
by BEN SHAPIRO 26 Jun 2013
Based on Wednesday’s Supreme Court ruling, in which the Court
majority determined that the Defense of Marriage Act’s federal
definition of marriage had to incorporate state-based same-sex
marriages, Internal Revenue Service regulations could be
modified to remove non-profit status for churches across the
The DOMA decision makes clear that marriage is a state-to-state issue, meaning that
religious institutions that receive non-profit status on the federal level but do not perform
or accept same-sex marriages in states where it is legal could have non-profit status
revoked. Furthermore, should the IRS move to revoke federal non-profit status for
churches, synagogues and mosques that do not perform same-sex marriage more
generally, the Court could easily justify that decision on the basis of “eradicating
discrimination” in religious education.
In 1983, the Supreme Court ruled in Bob Jones University v. United States that it was
within the scope of the First Amendment’s protections for religion for the IRS to revoke
the tax exempt status for the university based on its policy prohibiting interracial dating.
The Court determined that the “Government has a fundamental, overriding interest in
eradicating racial discrimination in education … which substantially outweighs whatever
burden denial of tax benefits places on [the university’s] exercise of their religious beliefs.”
The Supreme Court is clearly leaning toward a similar move here. The Court stated in
Romer v. Evans (1996) that states could not take measures to prevent future distinction of
gays and lesbians as a protected class under state law; in Lawrence v. Texas (2003) the
Court ruled that same-sex sexual activity was Constitutionally protected; in the DOMA
case on Wednesday, the Court ruled that DOMA was unconstitutional not merely on
federalism grounds, but because it violated the equal protection clause of the 14
amendment and the due process clause of the Fifth Amendment.
On the state level, a movement is already under way to revoke non-profit status for
religious organizations that do not abide by the same-sex marriage. In Massachusetts in
2006, Boston Catholic Charities withdrew from adoption services thanks to the state
mandate on same-sex adoptions, rather than fight the issue in court. In California, a bill is
already making its way through the legislature to bar non-profit status for any religious
youth group that discriminates on the basis of “gender identity, race, sexual orientation,
nationality, religion, or religious affiliation.”
Wednesday, June 26, 2013
12:30 PM, JUN 26, 2013 • BY DANIEL HALPER
President Bill Clinton released a statement, together with his wife Hillary Clinton, hailing the Supreme Court's decision to overturn the Defense of Marriage Act, a bill he signed into law in 1996.
"By overturning the Defense of Marriage Act, the Court recognized that discrimination towards any group holds us all back in our efforts to form a more perfect union. We are also encouraged that marriage equality may soon return to California. We applaud the hard work of the advocates who have fought so relentlessly for this day, and congratulate Edie Windsor on her historic victory," the Clintons' statement reads.
The statement makes no mention of their previous support for the law.
Tuesday, June 25, 2013
WASHINGTON, D.C., June 24, 2013 (LifeSiteNews) – As the Supreme Court prepares to rule this week on the legality of federal and state bans on same-sex “marriage,” Justice Antonin Scalia has said there is no “right to homosexual conduct” granted by the United States Constitution.
Scalia, 77, told an audience of lawyers and judges at the North Carolina Bar Association Friday that matters of morality should be decided by the public, not unelected judges who set themselves up as “moral arbiters.”
According to Scalia, moral issues such as gay marriage have no “scientifically demonstrable right answer” and thus have no business being decided by the court. Instead, society must determine as a whole what they deem moral and acceptable and make laws that reflect that.
Scalia made his point with humor, joking that as a judge, “I accept for the sake of argument, for example, that sexual orgies eliminate social tensions and ought to be encouraged.” But, he quickly added, “Rather, I am questioning the propriety, the sanity of having a value-laden decision such as this made for the entire society by unelected judges.”
Scalia, a 1986 appointee of President Reagan and now the longest-sitting member of the high court, has long maintained a strictly originalist view of the Constitution, insisting that it must be interpreted through the lens of its authors’ intentions. He once told an audience at Southern Methodist University that far from being a “living document,” the Constitution is, “dead, dead, dead.” On Friday, he told the North Carolina lawyers that judges who find rights to “homosexual conduct” or abortion in the Constitution are in error.
“When the Constitution was adopted, all those acts were criminal throughout the United States and remained so for several centuries,” said Scalia. In particular, he cited “laws against private consensual sodomy … that existed in perfect conformity with the Constitution for over 200 years.”
He slammed the Court’s 1973 Roe v. Wade decision legalizing abortion as an egregious example of judicial moralizing he believes was rooted in a flawed vision of the Constitution as a living document.
He expressed a similar sentiment in a 2011 interview with California Lawyer, saying “You want a right to abortion? There’s nothing in the Constitution about that. But that doesn’t mean you cannot prohibit it. Persuade your fellow citizens it’s a good idea and pass a law.”
“That’s what democracy is all about,” added Scalia. “It’s not about nine superannuated judges who have been there too long, imposing these demands on society.”
Monday, June 24, 2013
(CNSNews.com) - On Tuesday, June 25, the U.S. Defense Department will give special recognition to "gay, lesbian and bisexual servicemembers" -- as well as gay, lesbian, bisexual and transgender civilian workers -- for their "dedicated service to our country."
And this year, "Pride Month" at the Defense Department comes with a poster:
The red, white and blue poster -- designed for the Defense Equal Opportunity Management Institute located at Patrick Air Force Base in Florida -- includes the followiong quotation from President Barack Obama:
"For more than two centuries, we have worked to extend America's promise to all our citizens. Armed Forces have been both a mirror and a catalyst of that progress, and our troops, including gays and lesbians, have given their lives to defend the freedoms and liberties that we cherish as Americans."
OutServe-SLDN, an advocacy group for LGBT military personnel, called it "appropriate and gratifying" that Defense Secretary Chuck Hagel is following the precedent set in 2012 when then-Secretary Leon Panetta hosted the Pentagon's first LGBT Pride Month.
But the group isn't happy that the DOD memorandum announcing Tuesday's Pride event for gays, lesbians and bisexuals did not mention transgenders in uniform:
"While acknowledging transgender civilian DOD employees, the memorandum notably omits any mention of the contributions of transgender people in uniform -– presumably because transgender people remain barred from service by outdated and obsolete medical regulations.
“Transgender people have served this nation with pride, honor, and distinction –- and continue to do so in the hundreds, if not thousands. It’s past time to honor them for their service and sacrifice, and past time to end the discredited and obsolete practice of forcing them to serve in silence and fear,” said Army veteran and OutServe-SLDN Executive Director Allyson Robinson in a news release issued earlier this month.
LGBT Pride Month is celebrated each June to commemorate the 1969 Stonewall riots in New York City that erupted after a police raid on a gay bar.
Tomorrow, the Defense Department will celebrate the December 22, 2010 repeal of the Pentagon's "Don't Ask, Don't Tell" policy. Homosexuals have been allowed to openly serve in the U.S. military since September 20, 2011.
White House Adviser Valerie Jarrett will give the keynote address. - See more at: http://www.cnsnews.com/news/article/pentagons-lgbt-pride-month-comes-pos...
Friday, June 21, 2013
BY PETER SPRIGG
Fri Jun 21, 2013 10:07 EST
WASHINGTON, D.C., June 21, 2013 (Family Research Council) - With the Supreme Court due to rule on two cases seeking the redefinition of marriage next week, the media have been reporting widely on polls that claim a majority of Americans now support such a redefinition to include homosexual couples. The implication left by some of these stories is that a majority would therefore be happy to have the Supreme Court rule that the U.S. Constitution requires changing the definition of marriage and forbids any state from defining it as the union of a man and a woman.
One national poll released two weeks ago proves, through an analysis of its findings, that this is not true. Here are the two questions on marriage asked in a poll taken by Selzer & Company for Bloomberg News between May 31 and June 3:
The question about “a national law allowing same-sex marriage” is an awkward and oddly-worded one. The redefinition of marriage in all 50 states is hardly “inevitable,” as its advocates like to claim. But if it ever does become a reality, it will be because a) the Supreme Court orders it; b) the states individually adopt it; or c) the Constitution is amended to require it. But none of these involves Congress passing “a national law” (that is, a statute) to require it, since the statutory regulation of marriage has always been the responsibility of the states. (The federal Defense of Marriage Act only regulates the definition of marriage under federal law—it has no control over state marriage laws.)
Nevertheless, if we treat a possible Supreme Court ruling that the U.S. Constitution requires recognition of same-sex “marriages” as “a national law allowing same-sex marriage,” then the percent favoring that outcome is only 61% of the 52% who support redefining marriage at all. That works out to only 32% of the total sample—in contrast to the 60% who either oppose redefining marriage at all (41%) or support doing it state by state (52% X 37% = 19%).
So, if the Supreme Court does force a redefinition of marriage on every state next week, they will be doing so not as a reflection of public opinion, but in defiance of it.
Thursday, June 20, 2013
June 20, 2013 - 4:52 AM
By Fred Lucas
(CNSNews.com) – The Human Rights Campaign, a homosexual advocacy group, will not say who provided it with a confidential list of donors to the National Organization for Marriage, although NOM’s chairman believes someone at the Internal Revenue Service leaked the information. The IRS also is silent on the question.
Providing such donor information is a felony, John C. Eastman, chairman of the board for the National Organization for Marriage, told CNSNews.com. The Justice Department deferred the matter to the Treasury Department, but Eastman said the probe by the Treasury Inspector General for Tax Administration seems to have stalled.
Nevertheless, Eastman told CNSNews.com, “We’re going to keep pressing until we get criminal indictments brought against the people responsible.”
NOM, which advocates traditional marriage, and HRC are on opposite sides in the national political battle over same-sex marriage.
The willful disclosure of donor information carries a penalty of up to five years in prison and a $5,000 fine.
Human Rights Campaign spokesman Charlie Joughin did not respond to numerous phone and e-mail inquiries from CNSNews.com on Monday, Tuesday and Wednesday asking who provided the list that was posted on the HRC website in March 2012. The HRC advocates for same-sex marriage and other homosexual issues.
For its part, an IRS spokesman told CNSNews.com that “federal law prohibits discussion of any taxpayers’ information,” whether it’s an organization or an individual.
Eastman said there is no doubt that the document came from the IRS.
“I suppose it’s theoretically possible that that someone fraudulently claiming to be an officer from the National Organization for Marriage got a copy of the tax return from the IRS, [in which case], the person that committed the felony would not have been the IRS agent who succumbed to that fraud, but the person who obtained it,” Eastman said. “But, there is no doubt that the document came from within the IRS itself.”
Shortly after the HRC posted the list on its website, the Huffington Post did the same. The Human Rights Campaign has not yet stated publicly where it obtained the list, Eastman said.
“They took it down from their website after our demand letter was sent over to them pointing out that it was a felony,” Eastman said of the HRC. “Huffington Post has not taken it down from their website.”
Eastman, a constitutional attorney, is also the chairman of the Center for Constitutional Jurisprudence and serves on the board of directors for the Act Right Legal Foundation.
The IRS 990 form that non-profit organizations must fill out each year is available to the public. However, the Schedule B portion of the form that lists the donors is confidential for all non-profit groups.
While the names of donors were seen on the PDF document linked on the HRC site, one portion of the document was redacted. NOM says computer forensic analysts were able to remove the redaction, discovering a stamp that proves the document originated from within the IRS. The number 100560209 was stamped across the middle of the leaked tax return. This is the marking that is placed on documents that are e-filed with the IRS by the IRS’s Central Information System. Further, the stamp said, “THIS IS A COPY OF A LIVE RETURN FROM SMIPS. OFFICIAL USE ONLY.”
“Our computer forensic people were able to unlayer the redactions from that PDF file and discovered that the original document that was posted there had originated from within the IRS,” Eastman told the House Ways and Means Committee during his June 4 testimony. “It had internal IRS stamps that are placed on every document the IRS receives that are electronically filed with the IRS and placed on those documents by that computer system.
“We don't have a copy of the document with those -- with those IRS stamps on them. Those only exist within the IRS, and yet this was posted on the website of the Human Rights Campaign. You can imagine our shock and disgust over this,” Eastland told the committee. “We jealously guard our donors as almost every other nonprofit does, particularly on the issues that we deal with, which are so contentious that our donors, once they are identified, are harassed and intimidated and tried to be chilled away from supporting the cause that we advance.”
In addition to seeking criminal indictments, NOM could also take civil action against the government that is available to organizations or individuals whose tax information was improperly disclosed that provides for either actual damages or $1,000.
NOM contacted both the Justice Department and the Treasury Department’s IG on April 11, 2012. The Justice Department deferred, telling NOM in a letter “they weren’t going to do it (investigate), because it was a tax issue, so it should be done by the inspector general,” Eastman told CNSNews.com.
“We pointed out that it was a felony. It was supposed to be done by the Department of Justice, but they haven’t done anything.”
The Treasury IG did launch an investigation, but more than a year later, NOM does not know where that stands.
“There was an investigation launched by the IG,” Eastman said. “We got an investigation number. And then they conducted a lot of interviews of our people. It was only after we were able to demonstrate that it didn’t come from within our ranks that the investigation went radio silent on us.”
The willful disclosure of NOM’s confidential tax information would violate 26 U.S.C. Section 6103, which states, “Returns and return information shall be confidential.” It also says: “no officer or employee of the United States,” “no officer or employee of any State, any local law enforcement agency,” “any local child support enforcement agency, or any local agency administering a program,” “no other person (or officer or employee thereof) who has or had access to returns or return information,” “shall disclose any return or return information obtained by him in any manner in connection with his service as such an officer or an employee or otherwise or under the provisions of this section.”
Wednesday, June 19, 2013
A professor at a community college in Tennessee allegedly ordered students in her general psychology class to wear “Rainbow Coalition” ribbons for an entire day to advertise support for the advancement of gay and lesbian political causes.
The professor, Linda Brunton, informed her students at Columbia State Community College that opponents of gay marriage are “uneducated bigots” who “attack homosexuals with hate,” reports Fox News Radio.
Travis Barham, an attorney with Alliance Defending Freedom, a conservative Christian legal organization, has sent a letter to Columbia State’s president on behalf of several students in Brunton’s class.
The letter seeks an apology to those students because, Barham claims, Brunton violated their First Amendment rights by forcing them to promote a specific political agenda. The letter also calls for the two-year community college to punish Brunton.
Alliance Defending Freedom claims that Brunton instructed students to write a paper describing how they suffered discrimination because they support gay rights. The professor allegedly told students who objected because of their religious convictions that their personal opinions didn’t matter.
“When students objected to how she was pushing her personal views on the class, she explained that it is her job ‘to educate the ignorant and uneducated elements of society,’” Barham told Fox News.
The professor reportedly prohibited any discussion of the morality of homosexuality, rejecting such lines of reasoning as “throwing Bible verses.”
“Dr. Brunton essentially turned her general psychology class into a semester-long clinic on the demands of the homosexual movement,” Barham added.
A representative from Columbia State heard about the kerfuffle from Fox News and promised to find out more. Brunton has not yet commented.
Brunton holds two degrees from Eastern Kentucky University and a doctor of education from Tennessee State University. She is a member of the Gay, Lesbian, & Straight Educators Network.
The directional university alumna lists AIDS awareness and education as well as diversity issues among her professional interests.
Brunton’s other interests include “vacationing in San Miguel de Allende, Mexico!” and “swimming with wild dolphins!” (The exclamation points are Brunton’s, not The Daily Caller’s!)
The alleged incident is reasonably similar to an incident involving a math professor at Brevard Community College in Florida who forced her students to sign pledges that they would vote for President Barack Obama last November. The school’s president eventually recommended that the professor, Sharon Sweet, be sacked.
Tuesday, June 18, 2013
WESTMINSTER, June 17, 2013 (LifeSiteNews.com) – The needs of children of a father and mother are being ignored in favor of the putative “rights” of homosexuals in the rush to pass the same-sex “marriage” bill, a family campaign group has said.
The coalition government’s same-sex “marriage” bill is being considered in a committee of the House of Lords started today after being passed “in principle” in an overwhelming vote of 390 – 148 in favor.
The group called Gay Marriage, No Thanks, an “informal group of professionals and parents,” said today that the bill is entirely “adult focused” and ignores the human right of children to be reared by both natural parents. The group says it aims “to put the wellbeing of children at the centre of the same-sex marriage debate.”
The group has taken out an ad in the Times addressed to the members of the House of Lords that laid out ten reasons to reject the proposal. Among these are quotes from the UN Convention on Children’s Rights that said children have a human right to be nurtured by both their biological parents.
The group notes that when same-sex “marriage” laws were passed in Spain, the effect on natural marriage was negative, with marriage rates falling precipitously. The bill’s driving force, they said, has not been “human rights” or the struggle for “equality” but “a militant move to deny gender difference” based on “Queer Theory,” an academic offshoot of radical militant feminism which developed in 1990s.
Alan Craig, a spokesman for the group, said, “Talk of the rights of adults has dominated debate about the issue, whether those are homosexual rights or religious rights. But what about the rights of children? And what does the evidence say about the impact of these plans?
“We want to take some of the emotion out of the debate and help people engage with the actual evidence that shows how disruptive and damaging these changes will be for children and young people.”
“After all,” he added, “it is the next generation who will be most affected by these proposals.”
Luca Volonte, Chair of the largest political grouping at the Council of Europe's Parliamentary Assembly, welcomed today's launch saying, “I very much welcome the launch of this new resource and campaign in the UK.
“Across Europe ordinary citizens are opposing same-sex marriage for the sake of their children. I am glad that the English are now engaged in this battle to save marriage as the best place for procreation and the nurture of the next generation.”
Monday, June 17, 2013
by LARRY O'CONNOR 17 Jun 2013, 5:02 AM PDT
During coverage of the Supreme Court's hearings on the same-sex marriage issue earlier this year, media coverage leaned to the pro-gay marriage side by a factor of 5 to 1. This according to a new report from Pew Research Center's Project for Excellence in Journalism.
The report showed consistent results across different media. 43 percent of newspaper stories showed at least a 2-to-1 margin of pro views to con; 8 percent were dominated by traditional marriage proponents. Meanwhile, according to the report, 48 percent were largely neutral. The proportions of supporter-opponent content in stories for all three cable news networks were similar.
Pew also points out that of the cable channels, Fox News presented the highest percentage of "neutral" stories on the controversial subject. Twenty-nine percent of the stories by Fox News Channel were dominated by supporters, 8 percent by opponents, and 63 percent had about the same pro and con views, Pew said.
Wednesday, May 29, 2013
May. 26, 2013 12:15pm Liz Klimas
Although France officially legalized gay marriage last month, organizers of an anti-gay marriage — or “pro-family” — parade decided to go forward with a planned demonstration Sunday — and hundreds of thousands turned out.
Sandy Glass from Naperville, Illinois, was in Paris and witnessed the parade unexpectedly, telling TheBlaze she and her husband estimated more than 250,000 people were present.
“It brought tears to our eyes,” Glass, a conservative and Glenn Beck fan, said in a phone interview.
“We go to France a lot and thought it was another left wing protest,” she said later, recalling that last year they found themselves in the middle of a Socialist rally.
When they followed the noise and witnessed what she described as “pro-family” signs, Glass said she realized “oh, we’re not the only ‘crazy’ ones,” explaining that it is “sometimes very difficult to be on the right in America.”
The Associated Press reported there being about 5,000 police present for the demonstration, due to clashes that have occurred in other anti-gay marriage protests.
But Glass said the event was very well organized and even seemed to have its own security detail.
“Nobody bothered these people,” she said, noting that people on the street were giving thumbs up and people in balconies were cheering. ”
“It was such a show of force that was pro something, not against something,” she said. “I think it was awesome.”
The plan of French protesters, according to Glass, is to vote out lawmakers with whom they hold opposition in 2014.