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Friday, May 18, 2007
Engineering British Souls
From City Journal: ". . . .In the same week, Britons learned that several public education authorities were piloting a scheme—at huge public expense—to provide students with storybooks in which children grow up with two adults of the same sex. The scheme, run by an enterprise called the No Outsiders Project, was the idea of several state-run institutions, including the Institute of Education (the ultimate source of much of Britain’s anti-educational pedagogy, which has left so many of its young unable to read, write, or reckon). The very name—No Outsiders—is an implicit lie, since the project’s organizers will treat people whose views they find contrary as outsiders, indeed as nonexistent.
YourMorals.org
This is interesting. An effort to quantify the universal content of morals and values, and to associate it with conservatism/liberalism. I found the Schwartz value scale fun. yourmorals.org
MR RIGHT DOESN'T TAKE CLASSES: From the NY Times
AFTER more than two years of disheartening online dating, Charlotte Kullen resolved to spend less time pursuing men and more time pursuing her hobbies. She plunged into tennis, running, sailing, horseback riding, fitness boot camp and scuba diving classes, assuming that somewhere between the situps and the strapping on of fins she might meet some eligible prospects. She did. They all just happened to be women. more Thursday, May 17, 2007
A CATHOLIC PRIEST BATTLES BRIDEZILLA!: Fr. Jim Tucker
[my headline, not his! --Eve] On the Diane Rhem Show yesterday, there was an excellent interview with Rebecca Mead, who has written the book, "One Perfect Day," which is a look inside the "161-billion dollar wedding industry." Without being judgmental, she describes the state of weddings in this country, and a normal person will be left fairly appalled. The interview is about one hour and well worth one's time. Some of the points to reflect upon: the emotional manipulation ("seduction" as one caller put it) of brides into making ever more expensive purchases, the costs imposed upon guests, the commercialized sentimentality, the unnecessary stress, the twisting of priorities, the fake "traditions" (driven by commercial interests again), the secularization of the thing, the huge differences between modern industrial weddings and simple traditional weddings, the $28,000 average price of an American wedding, the debt into which many couples enter the married life. Couple all that with the high divorce rate. Consider, too, the booming "second wedding" market that allows you "to get everything right the second time that you didn't get right the first time." And what the author refers to as using a minister and church setting as "religious decoration." I contrast that to the weddings that we celebrated last Saturday night in the Spanish Vigil Mass. Twice a year, we encourage couples who are in merely civil unions or long-term cohabitation to take advantage of a program I started up a few years ago. We take these couples, most of whom have children and are together for several years, and who for whatever reason didn't seek the sacrament of matrimony when they got together. They hear it advertised at Mass, so almost all of them are regular Mass-goers, but obviously unable to receive Holy Communion or to fill leadership roles in the parish. Two married couples and I give them marriage talks, meet with them, put together their paperwork, and make sure there are no obstacles to solemnizing their marriages. Then, together with the people with whom they've taken the classes, they make their vows in the parish Mass, surrounded by fellow parishioners who've been praying for them while they've prepared. The parish pays for the music, pays for the decorations, and doesn't charge a dime. And they return to the Sacraments that night at the same time they receive the convalidation of their marriages. The week afterward, we always get a deluge of phone calls of people who were moved by the beautiful and festive celebration and want to have their own unions blessed in the same way, as well. more
SSM Update: Much Manueviering in Mass. to Keep Amendment Off the Ballot
Boston Globe May 17 story (Anyone have a link to the three ads mentioned below? I'll post it): "Legislative support slim for same-sex marriage banUPDATE: Mass. judge rules 170 NY SS couples validly married in Massachusetts: "Invoking a little-noticed legal loophole, a Massachusetts judge has legally validated the marriages of at least 150 same-sex couples from New York who wed in Massachusetts between May 17, 2004, when gay marriage became legal here, and July 6, 2006, when gay marriage was declared illegal there. .."
New Study: CIhild Trends Says More OWB to Cohabiting Couples
From a Child Trends press release, the research brief is here: Unmarried and Living Together With Children: Births to Cohabiting Couples at All-Time High Wednesday, May 16, 2007
PFOX YouTube Videos
This is not on topic, and I'm not going to permit comments therefore. But nonetheless I know the readers of this site, both those who like this kind of thing and those who will be very opposed, are likely to be interested, so I'm posting this email from PFOX on these new video: "Definition of “homophobia” by young Jewish man -- http://www.youtube.com/watch?v=7qLyyPcqqAU “I’m no Nazi, I’m a Jewish American, and I don’t believe people should be given special rights based on who they have sex with.” A man in a wheelchair explains what “innate” and “immutable” mean -- http://www.youtube.com/watch?v=VGTYllsaXY0“Sex is an option, but cerebral palsy isn’t.” African-American male says being gay is not an ethnicity -- http://www.youtube.com/watch?v=m-MFDod9Rkc“Our parents did not march with Dr. King so Tom and John could get married.” Gay man assures straights not to be scared of gay marriage -- http://www.youtube.com/watch?v=x-DLb8IMqIM Dr. Robert Spitzer, a renowned psychiatrist who helped remove homosexuality as a disorder from the medical manual, is sympathetic to gay rights and maintains that some gays can change their sexual preference -- http://www.youtube.com/watch?v=4qdeoh_ruI0 Gay rights also includes the right of gays who want to explore their heterosexual potential. . ." Tuesday, May 15, 2007
Another Parenting Case
The recent three-parent case has been noted below but there has also been a recent decision in the Minnesota Supreme Court that also has some interesting implications. In this case, a trial court had granted child visitation to the former partner of the children’s adoptive mother. The mother challenged the decision, arguing that the statute allowing third parties to have child visitation over the objection of a child’s legal parent was unconstitutional. The supreme court supported the trial court’s ruling. The court said it was employing “strict scrutiny” to assess the law but had no problem concluding the state had a “compelling interest” “in promoting relationships among those in recognized family units.” Unlike the three-parent case, this case is notable for its lack of novelty. The court spends very little time concluding the former partner is essentially a part of a “recognized family relationship” despite her failure to adopt or any kind of legal relationship, citing evidence that the children called her “mommy.” Also significant is the use of “strict scrutiny” language by the court (because the rights of parents are supposed to be fundamental) followed by a very lax standard where the court finds that a parent’s wishes can be disregarded where the state is “promoting relationships among those in recognized family units.” This looks like an exception that nearly swallows the rule since the court’s understanding of “family units” is not tied to any biological or legal status (babysitters are probably still excluded but many, many others would presumably be able to seek visitation over the parent’s objection). The court says the burden of proof is on the third party to show that the visitation will not interfere with the parent child relationship (this in a case where the visitation order includes alternating holiday arrangements) and is in the best interest of the child but this too is not tied to any clear standard that would present a robust constraint.
More on Massachusetts A.G. Comment
When the Attorney General of Massachusetts threatens a lawsuit against an approved marriage amendment to the Massachusetts Constitution she may mean a federal lawsuit as Maggie suggests. She may also, as strange as it may seem, mean to imply that the amendment violates the Constitution it will become part of. When the proposed marriage amendment was litigated before the Massachusetts Supreme Judicial Court (and allowed to go forward), two justices wrote an opinion suggesting that it was in fact possible for a constitutional amendment to be unconstitutional. Their opinion openly invited “an appropriate lawsuit” because they believed that “the Goodridge decision may be irreversible.” Here’s the relevant passage (with some citations omitted): There is no Massachusetts precedent discussing, or deciding, whether the initiative procedure may be used to add a constitutional provision that purposefully discriminates against an oppressed and disfavored minority of our citizens in direct contravention of the principles of liberty and equality protected by art. 1 of the Massachusetts Declaration of Rights. This basis for noncertification was not argued to the Attorney General when he considered validity of the initiative, nor has it been raised by any of the parties in their briefs. Put more directly, the Goodridge decision may be irreversible because of its holding that no rational basis exists, or can be advanced, to support the definition of marriage proposed by the initiative and the fact that the Goodridge holding has become part of the fabric of the equality and liberty guarantees of our Constitution. If the initiative is approved by the Legislature and ultimately adopted, there will be time enough, if an appropriate lawsuit is brought, for this court to resolve the question whether our Constitution can be home to provisions that are apparently mutually inconsistent and irreconcilable. We may then give careful consideration, in view of what has been said above, to the legal tenability and implications of embodying a provision into our Constitution that would look so starkly out of place in the Adams Constitution, when compared with the document's elegantly stated, and constitutionally defined, protections of liberty, equality, tolerance, and the access of all citizens to equal rights and benefits.
SSM Update: Mass AG declares state marriage amendment "unconstitutional"
Gee, if the voters amend the constitution can the state courts declare the amendment 'unconstitutional'? Or I suppose she is proposing a federal court challenge? Story from May 12 365gay.com: "Proposed Gay Marriage Ban Likely Illegal Monday, May 14, 2007
Marriage in Popular Culture: 1954
Last week I saw a sweet scene in the 1955 best picture, “Marty” (screenplay by Paddy Chayefsky) where Marty (played by Ernest Borgnine) is attempting a ham-handed consolation of his dance partner (and himself) who has been brushed off by a blind date who thinks she’s a “dog.” Marty: And I also want you to know that I'm having a very good time with you right now and really enjoying myself. You see, you're not such a dog as you think you are.
The Fight Against the Massachusetts Marriage Amendment
As Maggie noted below, the Massachusetts Legislature is waiting until at least June 14 to take up the proposed constitutional amendment that would define marriage in the state to be the union of a man and a woman. Meanwhile, political elites in the state are working hard to keep the amendment from ever going to a vote in a general election. When Senate President Therese Murray was elected, she promised an up-or-down vote on the amendment (an earlier version had been defeated when the legislature unconstitutionally ended a constitutional convention without voting on the amendment). Since she is opposed to the amendment, the hope is that the amendment will not get the votes in needs to advance to the ballot and thus be defeated without a political vote. The Governor has been very actively lobbying to prevent a favorable vote on the amendment (though he denies his administration is offering jobs to potential swing voters to gain a defeat of the amendment). Pressure groups and state party leaders are seeking help from the Democratic National Committee in their efforts to defeat the amendment. Now, the state’s attorney general has announced that if the amendment is approved, she will help challenge it in court. Her theory seems to be that the amendment would violate some kind of "higher law" so it would be an unconstitutional constitutional amendment (there are people who feel this way about the income tax but they haven’t been very convincing to the IRS). This seems like a lot of fuss just to keep voters from having their say on the issue. In a few weeks, we’ll see whether it works.
SSM Update: Connecticut
New York Times on Sunday on today's oral arguments before the Connecticut state supreme court: Couples Enter New Terrain in Push for Gay Marriage in Connecticut |
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