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The U.S. Supreme Court on Gay Marriage: A Natural Right Deemed Fundamental over Opposing Ideology

On the day of the U.S. Supreme Court’s same-sex-marriage decision, Texas Attorney General Ken Paxton lamented that “the United States Supreme Court again ignored the text and spirit of the Constitution to manufacture a right that simply does not exist. In so doing, the court weakened itself and weakened the rule of law, but did nothing to weaken our resolve to protect religious liberty and return to democratic self-government in the face of judicial activists attempting to tell us how to live.”[1] Is it not self-evident, however, that deniers of a right newly recognized would view it as manufactured in the sense of being artificial? Presumably the right of free speech is not artificial, even though it is laid out on parchment rather than a natural right sans governmental recognition. In recognizing same-sex marriage as a right under the U.S. Constitution, the high court followed in the tradition wherein rights presuppose government. Even so, the Court’s justification arguably implies that the right is natural in the fullest sense—that is, being valid even in the state of nature even if political, moral, or religious ideology objects under juridical garb.


The full essay is at “Gay Marriage Decision.”



1. Ken Paxton, Opinion No. KP-0025, June 28, 2015.

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Marriage Policies In America Similar To Communist China

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An Example of Government Theft and Thuggery, or an Example of Drug War Lunacy?

Politicians and bureaucrats are very creative in their pursuit of bad policy. In some case, I’m not even sure how to classify their actions. When the government squandered $224,000-plus for research on condom sizes, for instance, I thought that story easily could be classified as wasteful spending. But then I discovered the research was related […]

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Hubris

Originally posted on Practically Historical:
We know better, perhaps we know everything today… we of the information age, with the world at our fingertips have all the answers.  Science, literature, culture…even history can be changed by our definitive grasp of what is right, just, and true.  Previous generations were naive, exploitative, and selfish.  Now with…

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#RoEL 6/30: Gay Confederates Unite!

By Krystle Schoonveld Okay, perhaps the title is a bit much. Meh. At 10pm ET/ 7pm PT on #RoEL, 6/30: Allan Bourdius (@allanbourdius, Their Finest Hour) and co-host Krystle Schoonveld (@TarheelKrystle) …read more Via:: #RoEL 6/30: Gay Confederates Unite!       

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Interpretive Jiggery-pokery; Part One

A lot of electrons have been disturbed in commenting on the SCOTUS rulings last week. A lot more will be, some of them by me, but underlying the whole sordid mess, is a pernicious view of the law. Justice Kennedy opened his opinion of SSM with this: The Constitution promises liberty to all within its […]

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The link between climate and poverty

The climate alarmists are practically giddy over Pope Francis’ recently released “climate encyclical.” These would be some of the same people who are the very same people who dis the church and its position on abortion, the origin of life on earth, and the definition of marriage. Even Al Gore, who admits he was “raised in the Southern Baptist tradition,” has declared he “could become a Catholic because of this pope.” Not surprisingly, Carl Pope, who served as executive director of the Sierra Club for 36 years, chimed in. He penned a piece published on June 22 in EcoWatch in which he bashes “American conservatism” and positions the papal publication as being responsible for a “new dynamism” that he calls “palpable.” “It is more a gale than a fresh breeze,” Pope exclaimed, “when the most ground-breaking pope since John XXIII links poverty and climate.” In his post titled “How Pope Francis’s Climate Encyclical Is Disrupting American Politics,” Pope pronounces: “Something fundamental is shifting this summer in political and cultural attitudes around the climate.” The former Sierra Club director then goes into a litany of news stories to support his position. Included in his list: the recent agreement from the “world’s […]

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All I Am Saying, Is Give Respect A Chance

Before I show you the following three revealing videos near the bottom, I want to tell you what this post is about and not about.  First, here is what this post is not about. This is not a pro or con article on the issue of same sex marriage which…

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Our Weasel Of The Week Nominees

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It’s time once again for the Watcher’s Council’s ‘Weasel Of The Week’ nominations, where we pick our choices to compete for the award of the famed Golden Weasel to a public figure who particularly deserves to be slimed and mocked for his or her dastardly deeds during the week. Every Tuesday morning, tune in for the Weasel of the Week nominations!

Here are this weeks’ nominees….

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Legal Surgeon, Amateur Legislator  and Chief Justice John Roberts!

 The Noisy Room :Justice John Roberts for his judicial activism on King v. Burwell and the ultimate betrayal with his ruling in favor of Obamacare this week. The ruling stomped all over state’s rights and bent over backwards to reinterpret the Obamacare statute in favor of federal exchanges. “The somersaults of statutory interpretation they [the Justices of the Supreme Court] have performed …will be cited by litigants endlessly, to the confusion of honest jurisprudence,” concludes Justice Antonin Scalia in his dissent, joined by Justices Clarence Thomas and Sam Alito. “And the cases will publish forever the discouraging truth that the Supreme Court of the United States favors some laws over others, and is prepared to do whatever it takes to uphold and assist its favorites.”

“So it rewrites the law to make tax credits available everywhere,” he dissents. “We should start calling this law SCOTUScare.” The Court’s interpretation is “absurd,” Justice Scalia opined. And right he is. Scalia is a brilliant legal mind and he is horrified by the Leftist turn of the court. This must tear his soul apart. This was simply a political power play and one has to wonder, as I have before, if Chief Roberts has skeletons in his closet that are being used to sway his opinion.
This partisan ruling will have wide-ranging, catastrophic ramifications for America. The majority opinion states that “The combination of no tax credits and an ineffective coverage requirement could well push a State’s individual insurance market into a death spiral.” And it inevitably will. Which in turn, will usher in single-payer healthcare. It’s coming.

“It is implausible that Congress meant the Act to operate in this manner,” Justice John Roberts writes for the majority. Really? Because it looks entirely plausible to me. In fact, choreographed.
Justice Scalia notes that these Justices are “presuppos[ing] the availability of tax credits on both federal and state Exchanges.” In layman terms, that means that federal tax credits that have already been given to millions of people must continue. Along with the tax credits will come higher premiums, crappier healthcare, death panels, higher deductibles and part-time employment as the national norm.

This is tyranny and what you are seeing here is the dissolution of the three branches of constitutional government we are based upon. We now have one executive behemoth branch that is drunk with power and careening out of control, right on schedule. Justice Roberts is a treasonous weasel, whose legacy will include the ending of our Republic as we have known it.

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Tzipras And the Greek Economy!!

 Don Surber : The Weasel of the Week has to be the entire nation of Greece — Mustela Tsipras

These moochers refuse to reduce their spending and in so doing, seem hellbent on bringing down the global economy. Rather than cut their welfare checks by a few drachma, they risk losing the whole thing.

 
 The Supreme Court !!
Ask Marion:As constitutionalist Supreme Court Judge Scalia said last week, ObamaCare should now be renamed SCOTUSCare since the Court has saved the unpopular law twice. He went on to say, “Words no longer have meaning if an Exchange that is not established by a State is ‘established by the State’.” Read Scalia’s full dissent HERE.

Brit Hume’s 6/29/15 commentary for Fox News focused on supreme court judges’ practice of ruling on rights that are not actually enumerated or listed in the Constitution, nor have ever previously been considered by a Supreme Court, pointing to the gay marriage decision. Hume said, “Chief Justice Roberts got Obamacare wrong (twice) saving the law from collapse, but he surely got it right on the gay marriage ruling, at least (in part) in writing, “it had nothing to do with the Constitution”. SCOTUS Gay Marriage decision now puts religious institution tax exemptions at risk; opens the door for the same argument on Polygamy; and attacks“>Christianity at its core, the left’s true target, while ignoring Islam’s attitude toward gay marriage or homosexuality.

Around a dozen Federally recognized Native American tribes will continue to ban same-sex couples from getting married on their tribal lands even after the US Supreme Court’s ruling that same-sex marriage is legal in all 50 US states. Federally recognized Native American tribes have the same powers as US states to pass laws governing the lands that fall under their reservations and they are not bound by the US Constitution, like states are, so any change on the issue will have to come from within.

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6.29.15 – The Right Mics Radio Show With Michael @DKahaneRules Walsh

By Michael Hausam If you missed this show: If you’re on between 2 and 4 PM EST and want to listen live: Our guest today was National Review and PJMedia writer Via:: 6.29.15 – The Right Mics Radio Show With Michael @DKahaneRules Walsh       

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Time for Conservatives to go on the Offensive in the Framing Wars – Rachel Alexander – Page full

Time for Conservatives to go on the Offensive in the Framing Wars – Rachel Alexander – Page full

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Time for Conservatives to go on the Offensive in the Framing Wars – Rachel Alexander – Page full

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SCOTUS: “Legislature” Doesn’t Really Mean “Legislature”

SCOTUS: “Legislature” Doesn’t Really Mean “Legislature”

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Exposed: Why Obama Capitulated To Iran During Nuclear Negotiations

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Hillary Clinton Has a Problem with Lying & Emails

Last week, the State Department confirmed Hillary Clinton failed to turn over all Benghazi and Libya documents, prompting the Chairman of the Select Committee on Benghazi, Trey Gowdy, to say in a statement: “This conclusively shows her email arrangement with herself, which was then vetted by her own lawyers, has resulted in an incomplete public record.” It appears that there are 15 unavailable emails between former Bill Clinton aide Sidney Blumenthal and Hillary. Before I dive more into Sidney, keep in mind that last month the Daily Caller reported about his son, left-wing writer Max Blumenthal, as the architect behind Hillary’s the YouTube narrative in the days following the deadly terrorist attack on the U.S. consulate in Benghazi, Libya in 2012. To say the least, we’re not really dealing with the salt of the earth here. It turns out Sidney Blumenthal, although barred from working at the State Department, was still being paid $10,000 a month by the Clinton Foundation during the time that Hillary was Secretary of State to help defend Clinton from media “attacks.” In the days following his employment in Hillary’s 2008 presidential campaign, he also advised a pair of businesses seeking lucrative contracts in Libya, while […]

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Economic Lessons from the Nordic Countries

Folks on the left sometimes act as if the Nordic nations somehow prove that big government isn’t an impediment to prosperity. As I’ve pointed out before, they obviously don’t spend much time looking at the data. So let’s give them a reminder. Here are the rankings from Economic Freedom of the World. I’ve inserted red […]

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#TFH on #VLR 6/29: We’re enjoying the ride, right?

By Allan Bourdius Well, since last week’s show, the United States Supreme Court got Obamacare wrong, the partial correct result on same-sex marriage for all the wrong and incomplete reasons, plus weighed in …read more Via:: #TFH on #VLR 6/29: We’re enjoying the ride, right?       

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Their Finest Hour 6/29: Enjoying the ride with #TFH

By Allan Bourdius Well, since last week’s show, the United States Supreme Court got Obamacare wrong, the partial correct result on same-sex marriage for all the wrong and incomplete reasons, plus weighed in …read more Via:: Their Finest Hour 6/29: Enjoying the ride with #TFH       

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Therapy Dogs are “Jesus In Furs”

She also has been a frequent guest at Provision Assisted Living and Memory Care. Molly and I also visit MEPS to be with the men and women entering military service and their families in cooperation with the USO. Last summer Molly was involved with Camp Progress and was a hit among the mentally challenged children.

The post Therapy Dogs are “Jesus In Furs” appeared first on Diane Markins.

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Cultural Tyrants

View image | gettyimages.com I wrote last week about how proud I am to be fellow citizens with the admirable citizens of Charleston, that post is here. Their reaction is pretty much what one would expect of American citizens and/or Christians, traditionally the same thing white or black. That anybody was surprised, says more about our […]

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