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Saturday, December 16, 2006
Christmas Etiquette for Unmarried Interactions
From our friends at unmarried.org: Ms. and Mr. Manners: Etiquette for Unmarried Interactions Friday, December 15, 2006
LOW ENROLLMENT IN GA. SAME-SEX PLANS KEEPS COSTS DOWN: From the Atlanta Journal-Constitution
exactly what it sounds like
Catholic League Versus San Francisco
In a decision issued at the very end of November (I can’t find a link to the text online), a federal district court in California rejected a lawsuit by the Catholic League for Religious and Civil Rights against the City and County of San Francisco. The League alleged San Francisco had violated the First Amendment’s Establishment Clause when its Board of Supervisors issued a resolution urging the Archdiocese of San Francisco to disregard a directive on adoptive placements with same-sex couples from the Congregation for the Doctrine of the Faith (in inflammatory terms). The court concluded that the resolution’s purpose and effect were secular (“denouncing discrimination against same-sex couples”) and any religious attacks were incidental to the main purpose. The court relied on an earlier, also unsuccessful, action brought by the American Family Association and others after the Board of Supervisors had adopted a resolution that accused the groups of lying and validating the oppression and murder of homosexuals. As a side note, the dissent in the case (by Judge John T. Noonan) is very interesting. All of which suggests that litigation may not be an effective way to teach discretion, good manners or tolerance.
NJ Civil Unions on Scrappleface
Here is the Scrappleface site's take on the New Jersey civil unions passage. Preview: "'It’s so much easier to make laws when the court tells us what to write in advance,' said one unnamed Democrat."
New Poll: French favor gay marriage, oppose gay adoption
"French Public Endorse Gay Marriage" Dec. 14, 356gay.com: "A majority of French voters believe same-sex couples should be allowed to marry. The Ipsos survey shows that 62 percent support gay marriage, while only 37 percent were opposed. But on the issue of same-sex couples adopting children the survey found opposition with 55 percent saying gay and lesbian couples should not have parenting rights. Forty-four percent said they believed same-sex couples should be able to adopt. . ." Thursday, December 14, 2006
A New Dichotomy!
I'm smiling. Andrew Sullivan's fertile little mind has come up with what is for me a brand new dichotomy: Are you a secularized Christian (good!) or a politicized Christian? (very bad!). These are apparently the available alternatives. I do not know what a secularized Christian (or Muslim) might be, but then I continue not to know what a Christianist is, either. I might join those upset by Andrew's use of the term, if I knew exactly what it meant. Yes, I understand the connotations but what is the denotation? I wrote and asked Andrew once, and he told me to read his book, which I did. If there is a few sentence answer, I couldn't find it. Maybe I'm dense. He spent more time on the book on "fundamentalist" by which he seems to mean "person with a mental disorder fearing Andrew Sullivan's beliefs." In today's post on why he uses Christianist as the counterpart of Islamist, he comes the closest I've seen (and admittedly Andrew writes so much that maybe he's done it sometime I wasn't looking) to defining the word. Since he invented the word, he gets to define it, at least in the first instance: "You will notice no mention of terrorism or violence. My use of the term Christianist similarly and simply describes those who believe that the source of any political system should be Christian revelation, rather than the secular principles of the Enlightenment and the American constitution. . ." (I don't think the principles of the American Constitution as its founders understood them are very closely related to Andrew Sullivan's idea of "secular versus politicized religious folk" but let's table that debate for the moment and focus like a laser on that definition of 'christianist.") Andrew makes it clear that he thinks the use of religious revelation in any way as part of political philosophy makes "democratic politics. . .impossible." (Because people don't agree on what is revelation). This too is far from axiomatic but let's table that as well to get to his next point. "When that freedom collides with religious truth, an Islamist or a Christianist has few qualms in squelching freedom. I differ. . . . If I'm right, the offense is mainly taken by Christians who simply refuse to see their faith as equally valid as Islam. They are offended that a Christian could even be equated with a Muslim. Which means, I believe, that they have not begun to understand the meaning of toleration at the core of Christianity, let alone the central insight of liberal constitutionalism. Hence our political and religious crisis." All that is a very complicated explanation for the fact that Americans at war feel uncomfortable using language equating our enemies abroad with Americans here at home of religous faiths that have peacefully coexisted with democratic constitutionalism here in this country since its founding, but that is not my point. If Andrew's constitutional principles are based in part on his belief that "the meaning of toleration at the core of Christianity" includes them. . .is he a Christianist? If not why not?
Is Dr. Dobson "Lying"?
when he says scientific evidence shows children do best with a mom and dad? Jennifer Chrisler says so. (More evidence in my view that the equality narrative gay rights advocates seek to put into our constitution requires destroying the social norm that "children need a mother and a father." The debate in Time Magazine: Two Mommies Is One Too Many by James Dobson, PhD http://www.time.com/time/magazine/printout/0,8816,1568485,00.html Two Mommies or Two Daddies Will Do Fine, Thank You by Jennifer Chrisler http://www.time.com/time/nation/article/0,8599,1569797,00.html
NJ Legislature Passes Civil Unions
The Star-Ledger is reporting that the New Jersey civil unions bill has been approved by the legislature and will now go to the Governor who is expected to sign it. The votes were 56-19 in the Assembly and 23-12 in the Senate.
SSM Updates: Mass, NJ, U.K
Same-sex marriage foes sue (Massachusetts') lawmakers: "Lawyers from a group opposing gay marriage filed a $5 million federal lawsuit against 109 state lawmakers yesterday accusing them of violating the US Constitution when they refused to decide whether to put a ban on gay marriage on the 2008 ballot. . ."New Jersey votes on civil unions today; NJ bar association doubts bill will pass court's muster (so do I); The invocation given by a NJ pastor at the legislature condemned SSM. European human rights court rejects discrimination claim by sisters seeking same tax benefits as married couples/gay partners/cohabiting couples: "Two sisters in their eighties who have lived together all their lives have lost a legal challenge against UK inheritance laws, which deny them the same rights as married couples or those in civil partnerships..
Massachusetts Parenting Case
In 2002, the American Law Institute published its Principles of the Law of Family Dissolution. The Principles have been critiqued in a new book edited by Robin Fretwell Wilson and a symposium issue of the BYU Law Review as well as in The Future of Family Law report. Last week, the Massachusetts Supreme Judicial Court issued a decision (A.H. v. M.P.) that dealt with two of the legal theories advanced in the ALI Principles as justifications for giving legal parent status to non-parents. The court rejected the idea of parenthood by estoppel. This ALI recommendation would allow a non-parent to gain parental status by showing that a child’s biological or adoptive parent treated this non-parent as if they were the parent. The parent would not be allowed to deny the parentage claim asserted by the non-parent. The court (rightly) found this principle to be a form of parenthood by contract, a concept disfavored in the law. The court also described the principle of estoppel as “an unwieldy and inappropriate tool by which a judge may probe into the intimate, private realm of family life.” This would be encouraging except for the court’s endorsement of another ALI recommendation—de facto parent status. This theory allows a court to examine a non-parent’s relationship with a child to determine whether that person has acted “as a parent” to the child. In the Massachusetts case, the trial court’s decision (approved by the SJC) was that the same-sex partner seeking parent status was not a de facto parent because she had not adequately shared parenting responsibilities, at least partially because she spent so much time at work (she had been the sole wage earner in the couple after the baby’s birth). This kind of examination is hardly free of the probing into family life the court expressed concern about. The difficulties with the ALI Principles and similar theories for expanding legal parenthood (see The Revolution in Parenthood) further illustrate why adoption and marriage are the best benchmarks for legally recognizing family since they provide clarity, recognize biological and social realities, and still allow a significant amount of autonomy and flexibility in how families structure their day-to-day lives.
Ireland Decision
Today the High Court or Ireland issued its decision in a case involving an Irish same-sex couple who had married in Canada and sought recognition in Ireland. The court’s decision is very long because it includes a very detailed description of evidence, witnesses and legal arguments in the case. Of particular interest may be the court’s discussion about the evidence purporting to show no difference between children raised by same-sex couples and those raised by married couples. The judge accepted testimony about the methodological shortcomings of available evidence and said: “It also seems to me having regard to the criticism of the methodology used in the majority of the studies conducted to date that until such time as there are more longitudinal studies involving much larger samples that it will be difficult to reach firm conclusions on this topic.” (Page 117) This matter was revisited in the court’s substantive holding. The court concluded that the Irish Constitution’s explicit reference to a constitutional right of opposite-sex couples to marry justified the legal distinction between same- and opposite-sex couples in the marriage law. The court further noted, however, that the marriage law was further justified by concerns with the “welfare of children” since in the absence of good research, “the State is entitled to adopt a cautious approach to changing the capacity to marry.” (Page 129-130) The court rejected the couple’s claim of a “changing consensus” about the meaning of marriage internationally, saying “[t]he consensus around the world does not support a widespread move towards same-sex marriage.” Finally, the court rejected the claim that refusal to recognize the marriage violated the European Convention on Human Rights. Wednesday, December 13, 2006
Major U.K Report: "Fractured Families"
The just released Fractured Family report is here.Some samples of the media firestorm in Britain (thanks to the SmartMarriages.com newslist) below: MARRIAGE 'KEY TO A BETTER SOCIETY' Cameron backs Tory report that blames family breakdown for poverty and Britain's social ills Yorkshire Post Today - Leeds,Yorkshire,UK
Did the Massachusetts Legislature Violate the Constitution?
By refusing to permit a vote on the proposed state marriage amendment? An AP story on the impending litigation here.
State Marriage Amendment Vote: an LGB Analysis
A polling/political analysis of state marriage amendment votes from the pro gay marriage side is here. E.J. Graff's optimistic evaluation of the progress gay marriage advocates have made is here: "...the world is steadily warming toward same-sex couples. Just two days ago, the U.K. celebrated the one-year anniversary of its civil partnership law, which legally recognizes same-sex couples. And in November, both Israel and South Africa (a very odd couple indeed) joined the Netherlands, Belgium, Canada and Spain in recognizing marriages between two women or two men. That brings to total number of nations that have done so to six, in as many years, with the Scandinavian countries now jockeying to see which will be next..." Tuesday, December 12, 2006
Oral Argument in Ohio Domestic Violence Case
The excellent How Appealing blog links to an oral argument held today by the Ohio Supreme Court. The argument was for a case involving a domestic violence charge the defendant wants dismissed because he argues the Ohio marriage amendment invalidates the law’s application to unmarried cohabitants. The theory is that by recognizing cohabitants for domestic violence protection, the law creates a legal status prohibited by the marriage amendment. The archived argument is here (the case is State of Ohio v. Michael Carswell). The judges were very active in their questioning. My sense is that there was strong skepticism of the claim that the domestic violence law and marriage amendment conflict. One judge asked the defendant’s attorney whether the attorney wanted the court to rule that cohabiting couples are essentially married. Justice Maureen O’Connor asked a question that seems to me to suggest the appropriate outcome of the case. She asked whether the amendment was merely a description of a special set of victims. I think the domestic violence law recognizes a factual matter (cohabitation) that is seen as legally relevant (because of the assumption of increased risk in an intimate relationship), but does not create any kind of special status (certainly not one similar to marriage). The attorney for the state also faced some challenging questions and the court did not seem interested in her claim that the amendment was not intended to invalidate the domestic violence law. The claim is almost assuredly true as a factual matter, but it is not surprising that the judges would rather focus on the language of the amendment.
An Unlikely Sort of Semi-Ally?
Gay designer Stefano Gabbana thinks children need a mother and a father. And he wants to be the father. But the love of his life is a gay man. His quasi-traditional solution? Instead of the classic Italian, wife, plus lover on the side, he opts for life with lover, plus a mother on the side: "Gay designer Gabbana is against same sex parents,"Daily Mail, 10th December 2006 Monday, December 11, 2006
Mass High Court to Nonbiological Gay 'parents': Adopt or Marry
356gay.com. December 11, 2006: "(Boston, Massachusetts) The Supreme Judicial Court, the highest court in Massachusetts, has told gay and lesbian couples who have children that if a partner wants visitation rights with the child once the relationship has ended that person must have adopted the child. Sunday, December 10, 2006
From Civil Unions to Marriage Lite/D. Saunders
You've heard straight supporters of same-sex marriage quip before: How can same-sex marriage affect their heterosexual unions? Unwittingly, Migden [CA State Senator] has given ammunition to those who argue that same-sex unions will change the institution of marriage for everyone as she works to offer all heterosexuals Marriage Lite.
South Korea Turning to TV to Raise their Birthrate
From the LA Times: "SEOUL — Faced with a tumbling birthrate and women souring on the idea of marriage and family, the South Korean government is reaching out to a small group of people believed to have the power to avert a demographic catastrophe: prime-time drama writers.
The Wedding Wars
Now that's entertainment: "Love, family, politics and the right to marry intersect in the A&E Network original movie Wedding Wars. The romantic comedy from Executive producers Craig Zadan and Neil Meron (Chicago, The Reagans), stars John Stamos (ER, Full House), Eric Dane (X-Men: The Last Stand, Grey's Anatomy), James Brolin (The Reagans, Traffic, Catch Me if You Can) Bonnie Somerville (The O.C.,Grosse Point), Sean Maher (Firefly, Brian's Song) and Rosemary Dunsmore (The Grid).
The Thrill of the Chaste
New York Times Style section piece on "Blogs into Books" features Dawn Eden's new book The Thrill of the Chaste: ". . .DAWN EDEN, a Jewish rock journalist turned born-again Christian and social commentator, has a secret, too. In her blog, the Dawn Patrol (www.dawneden.com/blogger.html), and in the blook it has spawned, "The Thrill of the Chaste," Ms. Eden argues that women who have premarital sex injure their self-esteem and hurt their chances of finding the Right Man.
Catholicism and Mary Cheney's Baby.
A rather vigorous discussion in the comments over at the Commonweal blog.
Should Priests Be Allowed to Marry. . .
each other? Church of England ponders. Schism ahead? (Hat tip to Amy Welborn). |
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