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It's Biology Not Bigotry

One more time.  The issue presented to California voters by Proposition 8 was NOT what marriages may be performed but WAS what marriages will be recogized.  The Metropolitan Community Church, which has been performing same sex marriages for 30 years can continue to do so.  So long as the minister doesn't say, "by the power vested in me by the State of California", everything will be hunky dory and there will be no jackbooted thugs disrupting the ceremony.

State recognition or approval of marriages serves an important governmental interest-- the creation of a new generation of taxpayers.  Seriously.  It is about the continuation of the species and the continuation of the society.  Only a man and a woman can make a baby. That's biology, not bigotry. The state, society, will not survive without babies.  And all of the evidence of 5000 years of civilization tells us that the optimal environment for raising a baby is the marriage of a man and a woman.  

Children of both sexes benefit enormously from having both a male and a female role model.  Doubtless children will survive without the presence of one of each, but statistical evidence shows they are more likely to do well with one of each.

State laws prohibit me from marrying anyone under the age of 16.  I also can't marry my first cousin, brother, sister, father or son.  I can't marry anyone who has married someone else and not divorced.    

These rules are rational because all of them protect children (hence adoption of an age of consent) and prevent genetic inbreeding.  It is also the considered opinion of our society ( see United States v. Reynolds) that multiple marriage is not good for women or children.  And there is some evidence of that fact.  Where there is only one husband with multiple wives  and children, many end up going on welfare and the children see very little of their father.

Marriage, traditionally, has been as much about children as it has been about love.  Not all opposite sex marriages will produce children, but NO same sex marriages will.

Nearly every benefit conferred by government action on married couples relates to the expectation that there will be or have been children.  Spouses are able to collect on their spouse's social security contributions because the legislature expected that many women would have stayed home to raise children.  The government wanted to provide a compensating benefit to women who stayed out of the workforce to raise children.   The provisions of family health care benefits, again, was premised on a family model where dad went out to work and mom stayed home to take care of the children.

It is important to return the idea of marriage to the traditional idea that marriage is not just about mutual love of the partners but about providing a loving environment for the raising of children. 

Marriage has been under assault from many directions for many years.  Heterosexuals who change marital partners as if they were dance partners have done a great deal of damage.  The new society idea that you get divorced if you are not "in love" anymore and too bad for the children-- has done great damage to the idea of marriage.  The approval of same sex marriage based on the idea that any two people who are 'in love" should have a right to marriage would complete the destruction of marriage as a social institution for raising children.

People fall out of love.  But decent people who have made a commitment to each other and their children stay married, and often discover that they can fall back in love again.  

Marriage is about children and same sex couples cannot produce children.  That's biology, not bigotry. 




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California's Proposition 8 May Be a More Telling Beacon Than the President's Race

AS I write at 10:15 PM Pacific Standard Time, the polls have closed in California for just over two hours.  In all likelihood in Counties that are large in population (like Los Angeles and Orange County) or large in geography-- like San Bernardino County, won't even have all of the ballots at the vote counting centers for another hour or two.
But there is hope in this blue state.  Proposition 8-- the ballot initiative to amend the California Constitution to provide that only a marriage between a man and a woman is valid in California is winning.

You can check the results here:

http://vote.sos.ca.gov/

Statewide Proposition 8 is running ahead 52%.  Important to note-- it is winning in Los Angeles County -- running at 53% yes with only 10 percent of precincts reporting and it is running ahead in Orange County at over 59%, with only 7% of precincts reporting.  Orange County has 1, 600,00 + voters.  San Francisco has less than 500,000.  Proposition 8 is also far ahead in San Diego and Riverside.  For some reason there is no report from San Bernardino, which also has more voters than San Francisco, on proposition 8, but Proposition 4 which would require parental notification of a minor seeking an abortion IS running ahead in San Bernardino, although it is losing statewide-- Probably means when the votes finally get counted it will be heavily pro 8.  Los Angeles County -- with over 4 million voters-- is the 800 pound gorilla in California voting.    It is also heavily Hispanic.  The Catholic Bishops have come out heavily for Proposition 8.  Protect Marriage.org  ran a lot of Spanish language ads.  

Ironically, the heavy pro-Obama turnout has probably helped Proposition 8-- while white liberal Obama voters have probably voted no on 8, all the polling indicates that both Black and Hispanic voters, who will break heavily for Obama, will also break heavily FOR proposition 8.  

There are many lessons to be learned here for everyone and I suspect that there will be a lot of analysis, precinct by precinct.  But, if the results so far hold, it will be a loud and clear message from one of the most liberal states in the Union about what a vote for Obama means-- It means that a lot of people believed his centrist message.  It means that they believe he is pro-marriage and pro-family.  It will also be a strong message to Washington about the depth of support for traditional values in this country.  

click on election returns and you can see proposition results by county as well as statewide.
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What are the 10 Best Gifts to Give a Liberal?

All of us face this issue from time to time.  We are related to someone liberal.  We have friends and colleagues who are good friends who are, nevertheless, liberal.  What to give them for Xmas.  (Of course the first rule is not to give them a Christmas present but a holiday remembrance).  So here is the first thing-- a WAlmart Gift Car.  The second thing?  A substriction to Rush 24/7/  What are your thoughts?

Susan Salisbury
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We Owe it to J.P. Blecksmith and Milton Monzen Jr.

Lt. J.P. Blecksmith was killed in Fallujah in November of 2004.  Sgt Milton Monzon Jr. was killed in Baghdad in July 2005.

The poet said it best:

In Flanders fields the poppies blow (1)
Between the crosses, row on row
That mark our place; and in the sky
The larks, still bravely singing, fly
Scarce heard amid the guns below.

We are the Dead. Short days ago
We lived, felt dawn, saw sunset glow,
Loved and were loved, and now we lie
In Flanders fields.

Take up our quarrel with the foe:
To you from failing hands we throw
The torch; be yours to hold it high.
If ye break faith with us who die
We shall not sleep, though poppies grow
In Flanders fields.

I write of these two men because I attended church with J. P. and I knew Junior. He was my hero.  They died to win this war not to withdraw with dignity.  They died to make us safe not to satisfy preening vanity.

This is a real war with a real threat to us and to our grandchildren.  Real people died to protect us.  We owe it to them to suffer whatever crude names, like moron and warmonger, that people throw at us, to suffer snubs and cold shoulders and people being nasty.   They died to keep us free.  We owe it to them to stand up for what is right.  Their supreme courage should draw from us at least a little courage.  So the fight is tough.  So what.  Every fight worth fighting is tough.  We are in a clash of ideologies, civilizations, morals.  If we lose, a new dark age will descend on the world.  We may not win, but each of us owes to the dead who died fighting to fight along with them.
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Go Trojans

I have two words for Hugh Hewitt and his constant Anti-USC jibes-- Go Trojans.  Oh yeah-- and 44-24 ( is that 20 points?   Why yes it is.  A close game. uh NOT)
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Mrs. Miniver Deserves Another Showing

I happened to fall asleep with the TV on Turners Classic Movies only to wake up early in the morning to the music  of the Christian Hymn, O God Our Help in Ages Past.  I checked out the movie on the tube and it was Mrs. Miniver.  I had never watched it all the way through so I stayed awake.  At the end, deeply moved and knowing why some people think this may be the best movie ever made, I thought, a movie like this could not be made in the Hollywood of today.  The director, William Wyler, the head of the studio, Lois B. Mayer  were Jewish, but this film about a middle-class English family in World War II, made in 1942 and starring Greer Garson and Walter Pidgeon, ends with a view of a cross being formed in the clouds, viewed through the bombed out roof of an Anglican church while the congregation sings Onward Christian Soldiers.   By the end of the movie I was so moved by the message of the movie that I found myself singing along, much to the consternation of my cat who is not used to that behavior from me.

Before that  ending, the rector delivers a homily which was printed up and distributed widely throughout the free world.  Both Franklin Roosevelt and Winston Churchill credit this film with doing more for the war effort than a flotilla of battleships. 

Leftwing film critics hate this movie because  it provides a positive view of those who soldiered on, who kept on going when the days were darkest, who believed in freedom at the risk of their lives.  Whatever the detractors have to say about the movie, one fact is clear-- the brits did send a huge flotilla of ordinary people in their ordinary boats at the risk of their lives to rescue the soldiers at Dunkirk.  That rosifcation, maybe wasn't so much.  It really did happen.  And the soldiering on -- that really did happen too.  It is because there are so may sad demented people in Hollywood whose hostility toward what is good and right is so strong that they  hate a movie that truthfully presents the extraordinary heroism of ordinary people, that no really good movies about the Iraq war can be made and precious few about any other war. 

In the meantime, buy a copy of Mrs. Miniver and watch it yourself and give it to a friend.


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Immigration and Demographics

Someone needs to tell the truth about one fact pertinent to the immigration debate-- here it is-- to a great extent these immigrants are the children we didn't have.  If you read America Alone you recognize the importance of demographics to long term trends.  In the 70's and 80's , responding to doom saying predictions of environmental disaster,  Americans had fewer children.  Fertility dropped below replacement level. 

If Mark Steyn had been writing back then he might have predicted where we are now.  A vacuum will be filled.  YOu have fewer children in the richest nation in the world, others will flock in to filll the ranks.  People who are distressed about the change in culture that ensues should look at themselves in the mirror.  I see the problem in my own family.  We paid attention to all that  environmental scare stuff and now we have only one kid below the age of 10.  If we can't change that, we can't win.  All the fences in the world will not work.

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Ethanol-- is Anybody Paying Attention

Just when people thought that geography was dead, geopolitics raises its ugly head, AGAIN.  It isn't just that Iran has a lot of oil.  It is that it is geographically located in a place where it can shut down the shipment of a huge percentage of the world's oil-- not just Iranian, but Iraqi and Saudi Arabian oil, by shutting down the straits of Hormuz, a 40 mile wide sea. 

The fact that Ahmadinejad is nuts does not keep him from doing it.  Hitler was nuts too.  The answer is ----- Ethanol.  Cellulosic ethanol is not a dream, it is a reality.  Iogen has a demonstration factory in Canada and another plant using a different technology is slated to open in Spain soon.  So the problem here is not in inventing a technology but in making it commercially viable. 

For the umpteenth time, the President said it in his state of the Union message, this is not an economic issue, it is a national security issue.  It needs to be treated as such. 
If we can survive without imported oil ( and with Ethanol and increased drilling of our own reserves, we can)  then we don't have to make nice to insane middle eastern potentates.  Not only that but we seriously diminish the strategic advantage they have.

Further, if we are the owners of the technology, we can sell it to other countries that get tired of paying blood money to Iran. 

We need tax breaks and tax credits, accelerated depreciation -- all the stuff that provides a real incentive to actually produce the stuff and get it on the market.  We did it with synthetic rubber in World War II after the Japanese occupied a large percentage of the rubber producing countries of the world.  We can do it again if we can find the will. 
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Voting with your Money

Hugh Hewitt pushed the right button the other day when he asked for the opinions of only callers who actually contributed to Republicans for the election. I'm not a big contributor I'm a 500 dollar contributor.  But HEY  That has been the Republican strength. 

 Here's the deal-- we who actually dig into our fun money and give it to Republican candidates need to let the RNC know that we WILL not be the source of money for the same old same old.  A week ago these folks could say, trust us we have a winning record.  No more.   The RNC will not get a penny of my money until they show that they have learned a lesson.  I did contribute-- directly to candidates-- because I didn't trust the RNC.  The Republican party doesn't need big contributors because up to now they have had us.

Now is not the time to drop out.  Now is the time to do some research and empower the people you agree with with contributions to them.  That's where it is.


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Pelosi and the Pottery Barn Rule

So here is the deal-- the Dems are in control of the House and probably the Senate-- if we work it right, the people will realize that whatever happens it is Pelosi-Reid's responsibility if they stand in the way of fighting this war.  They broke it -- the Republican majority-- now the House and probably the Senate are theirs.  They can no longer talk about coulda woulda shoulda- same for Hillary. It's the Pottery Barn rule for them. You broke it, you bought it.
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Why We Can't Indulge Hurt Feelings

The terrorists are still out there and they are still plotting.  Sounds sort of paranoid really, but you learn about this guy--Barot-- and you realize that you have to keep on fighting even when the going gets very rough because if his kind, the terrorist plotters, have their way we will all be dead or bowing to Mecca 5 times a day. 

There are times when it seems to me grossly unfair the Pelosicrats are not going to be hurt  any worse than the rest of us if they, the Pelosicrats carry through on their promises to gut the war in Iraq.  But that is the way it is.  A dirty bomb in New York's subway system will kill everyone around not just the people who cheered when Pelosi took over the  House. 

Unlike Churchill who was powerless when Neville Chamberlin gave Hitler the keys to Europe, we are not powerless. George Bush is still the president and the Dems are still probably afraid to vote to cut all funding to our troops.  And they, the Pelosicrats, need to know that we are just waiting to start a petition drive to get them to fund the troops if they waiver.
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It's No Time for a Pity Party

Ironically, the movie on Turner Classic Movies right now stars John Wayne and is about Corregidor and Bataan.  For the history challenged, the good guys lost those battles.  Badly.  But they didn't lose the war.  More recent historical perspective.  Ronald Reagan didn't manage to gain control of the house, ever, and didn't keep control of the Senate.  A number of the wishy washy turncoats we hate on the court-- O" connor, Kennedy, Souter, were Republican appointees.  This president has accomplished a lot and it has cost.  Take your losses like a , um er, well like John Wayne for God's sake.

What the Republicans who remain-- and hey== there are a lot of them== have to do is, as we say in the law field, make a record.  They must introduce the bills and motions that are right and force the Democrats to vote on them or refuse to vote on them. 

Those of us who are out in the hinterlands have to circulate petitions that let people know what the Dems are up to.  Maybe the Dems will continue to waffle and pretend to be more moderate than they are.  The only way they can be intimidated into doing the right thing is if we hold their feet to the fire.  And even that may not work.

Let's face it, the GOP got flabby and overconfident.  There wasn't even a Republican candidate in my congressional district (Hilda Solis was the Democrat)  This is the second time. That has to stop.  By screwing up the simple process of putting someone up to run against her, the California GOP saved the Democrats fifty or a hundred thousand campaign dollars which they could then spend elsewhere.  We must put on at least a pro forma fight in every district in 2008.  

Look what happened with the Dems-- they get Mark Foley, Tom Delay and Bob Ney and they pick up three Republican seats just by having a Dem to vote for.  We have to be better and smarter next time. 

I don't blame Bush.  I blame us.  Reagan was never able to do what Bush did so far as gaining and holding the Senate and the House.  It can be done again and if we start planning now, we will do it.  God help the United States in meantime.


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Avoid the Dangers of Homophones

No Homophones are not a new sexual orientation category, they are words that sound alike but have different spellings and different meanings.  Like my perpetual irritation with people who vandalize public restrooms ( I mean, what's the point?) I recognize that it isn't really of earthshaking importance but misuse of words drives me crazy.  Not that I don't do it myself.  So, let me clarify-- other people's misuse of words drives me crazy.  My own I regard as entirely forgiveable.

So, here is the rant "reign" not to be confused  with "rain" or "rein" means rule over someone.  That is perhaps why I have seen it substituted for "rein" which is something you do to horse.  The rein on  a horse controls the horse.  Thus "Physicians warned that a proposed rule to reign in repackaged drug costs would close clinics and deny care." from a website not to be named here misuses reign for rein.  You rein in a horse and you rein in repackaged drug costs. 

Here's another popular mistake.  "Tow" means to pull something.  "Toe" is a part of your anatomy.  When you "toe the line".  You are putting your toes on a line drawn on the ground or a movie set or wherever (probably while standing at attention).  When people are being made to "toe the line" they are being made to stand exactly where they are supposed to be they are not being made to pull a line.  Hence "tow the line" is wrong.

I have recently seen at least two instances of misusing each of the above expressions.   This, in my limited view, constitutes an unworthy trend.  It is one thing to make a mistake in private e-mails it is quite another to publish it on the web. 
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Why Marriage Should be Between a Man and a Woman

Knowing that this sort of post, if read by liberals, will incite a bunch of idiotic comments from people who think with their stomachs and other body parts that are not their brains, I will set forth, again, the reasons why state sanction of marriages should be restricted to those between an adult man and an adult woman.

The state has an interest in fostering the birth of children and providing an environment in which they will survive into adulthood and be able to work until May of each year in order to pay their taxes.  This thesis used to be assumed as kind of inevitable, but one look at the coming Eurabia shows you that it doesn't always happen.  But I digress.

It takes a man and a woman to make a baby.  It takes an adult man and an adult woman to provide a happy healthy home for the most part.  That's why the state gives privileges and responsibilities and other stuff to adult males and females who marry each other.

There is no fundamental right to marry the object of your undying love.  There is no state in which a man can marry his daughter, a brother can marry his sister or either one of them marry a dog.  Two twelve year olds who realio trulio love each other are also forbidden to marry in all states.

An  adult male who has already married an adult female can't marry another one in any state without first getting rid of the first/

All of these rules apply to state recognized marriages.  Same sex marriage ceremonies can be performed in every state without interference from the state.  The state just doesn't recognize them and confer any benefits or responsibilities.

One of the really big problems with the two court decisions which seem to recognize a fundamental right to marry the object of your love is that it leaves no room for prohibiting minors from marrying or polygamy or incestuous relationships.  The real distinction being proposed is that homosexuals are entitled to special rights that no one else is entitled to.
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Reports of Death of Habeas Corpus Premature

Being a lawyer and all-- not that I do criminal law-- I don't-- I always think I should keep up with really significant developments in the law, so when I heard approximately 2 dozen seminar callers on my favorite radio programs announce that Bush had done away with habeas corpus I thought I better look into that. 

Of course, I went to my favorite free federal law website provided by the law school at Cornell University ( and I do send in a contribution to them now and then so it isn't completely free to me) and looked up good old 28 U. S. C. §2241.  Guess what?  It's still there.

Here is part of it-- click the link to read the whole thing:

"(a) Writs of habeas corpus may be granted by the Supreme Court, any justice thereof, the district courts and any circuit judge within their respective jurisdictions. The order of a circuit judge shall be entered in the records of the district court of the district wherein the restraint complained of is had.
(b) The Supreme Court, any justice thereof, and any circuit judge may decline to entertain an application for a writ of habeas corpus and may transfer the application for hearing and determination to the district court having jurisdiction to entertain it.
(c) The writ of habeas corpus shall not extend to a prisoner unless—
(1) He is in custody under or by color of the authority of the United States or is committed for trial before some court thereof; or
(2) He is in custody for an act done or omitted in pursuance of an Act of Congress, or an order, process, judgment or decree of a court or judge of the United States; or
(3) He is in custody in violation of the Constitution or laws or treaties of the United States; or
(4) He, being a citizen of a foreign state and domiciled therein is in custody for an act done or omitted under any alleged right, title, authority, privilege, protection, or exemption claimed under the commission, order or sanction of any foreign state, or under color thereof, the validity and effect of which depend upon the law of nations; or
(5) It is necessary to bring him into court to testify or for trial."

So-- it appears that habeas corpus is still in the statutes and that prisoners in state and federal prisons can still while away the dreary hours of incarceration by sitting in the prison law library writing pro per (filed by themselves without a lawyer)habeas corpus petitions and sending them off to whatever court strikes their fancies as they have been wont to do lo these many years.  All the law clerks and all the staff of all the federal courts can heave a sigh of relief-- they can still get paid for reading through all those petitions and denying them, as they have been wont to do lo these many years.  That's how we practice criminal law in this country.

No, indeed, habeas is alive and well for U. S. Citizens, foreign visitors who have not been labeled unlawful combatants by a military tribunal and illegal aliens who were not accused of plotting to blow up the United States.

Just in case you think that Cornell has not been keeping up with this dastardly secret plot to deprive all of us of our liberties ( a secret plot known only to the people foolish enough to watch the Keith Olberman show), when you visit the Cornell website, click on the is this up  to date button and you will be informed that they updated that particular section as of 10/17/2006.  Yes, indeed, habeas corpus has survived the vast right wing conspiracy.  

If Keith Olberman had anything that was true and damaging to say about President Bush, why would he lie?


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