“When Did It Become Unconstitutional…”

As everyone knows at this point from the endless and constant media coverage, the Supreme Court is holding oral arguments on the issue marriage equality, with both DOMA and Prop 8 up for decisions. Although most people might be surprised by the inane (if not offensive) questions posed by Justice Scalia, seasoned observers of the Supreme Court were surprised by how restrained he was. After all, this is the same man who called voting rights was an “entitlement”, thereby securing his reputation as a bigot.

In a day full of highlights in the absurd and comical, Justice Scalia did provide the attorneys the ultimate softball question… which they promptly fouled off. Justice Scalia was demanding to know when prohibiting same sex marriages became unconstitutional. The answer of course is that it was always unconstitutional. Prohibiting any American from marrying has always been contrary to the Constitutional framework of individual liberty. Just because it had never been questioned until now, does not mean it was permissible at any time in the past. Denying former slaves and women the right to vote was also unquestioned for decades, but were also found to be unconstitutional eventually. Not that the question was relevant to any constitutional issue. Scalia, I suspect, was trying to make a point that allowing same sex marriages was somehow a “fad”, the same way he considers Suffrage was a fad.

The whole issue of same sex marriage is serving to expose the reactionary nature of Scalia, Alito and Thomas. These are men who claim to want to limit the role of government in our lives, except when it concerns their own prejudices. 

3 Responses to “When Did It Become Unconstitutional…”

  1. This is where Scalia would disagree with you, and use the Federalist Society playbook. I would tend to agree, but I have seen, first hand, the intellectually dishonest abuse of “strict construction” by activist jurist. I don’t call them “conservative” because they are not. They are guilty of the same creative legalese and pettifogging that the rail against the liberals for committing. Yes, ladies and gentlemen, Scalia’s argument does not make any sense, especially in light of the Citizens United case. Corporations are not citizens with 1st Amendment Rights. It is an affront to any educated and critical mind to say otherwise. Scalia is just as guilty of activism while trying to garb himself in the self-righteousness of “judicial restraint.” It is all a smokescreen, and the application of law in the Courts is a house of mirrors where economic agendas, career ambition and politics rule. Try to sue powerful interest in Michigan, the “business friendly state. It doesn’t matter if the law is on your side, the Judge will strictly construe the statute, and you will lose.

    As Fieger and any practicing lawyer knows, an activist jurist can “turn it on and turn it off” to justify any result he or she chooses. And they do. There have been times when the Michigan Supreme Court reinterpreted settled workers compensation law – after 38 years of Michigan Supreme Court interpretation – and the legislature promptly had to rewrite the law to get it back to where it was before Supreme Court Justice Cliff Taylor, et al tinkered and changed it. And the profits at the insurance companies doubled in 5 years. Taylor, by the way, is now the President of the Mackinac Center.

    And all the evisceration of individual rights to seek redress in the Courts and rewriting of laws is never mentioned in the political campaigns, only about “rule of law” and the Constitution. Look in your own backyard at what the Michigan Supreme Court has done. Read Robert Young and Stephen Markman’s dissent in People v. Moreno. If you resist an unlawful arrest, search or seizure, you can be prosecuted for resisting and obstructing an officer. That is a police state, period. But look at the clever way they argue the point. Young and Markman make it almost seem reasonable, and their conclusion, as would be Scalia’s, if you don’t like our result then have the legislature shuffle or add some words, and we can start the whole game again.

  2. Rex A. Umney says:

    I can’t say that I could ever support same sex unions if only because of the absolutely pathetic example it could set for our nation’s youth. Such young and impressionable minds should NEVER be exposed to this otherwise ludicrous thinking that Democrats are more than willing to entertain in an effort to garner a few lousy votes.

    While you will see countless Democrats trumpeting their support for same sex unions, 90% of them would flip out if their own children turned out to be homosexuals. Such a low standard the Democratic Party subscribes to! For example, take the cheater Bill Clinton, who disgraced his whole family and the entire nation with his shenanigans, well here we have that same person who signed DOMA into law backtracking and saying it’s un-constitutional! Well if that be the case I think we ought to prosecute him! What nerve this man has! Such a pathetic excuse for a human being if you ask me! Meanwhile his daughter enjoys a heterosexual life complete with a fancy NYC apartment with yearly fee’s that likely far exceeds what even Mr. Fieger brings home. You have to ask yourself how we allowed someone like this to run our nation. And to think his better half, the scorn Hillary may try and make a run for President? People are so screwed up in the head they will probably vote for her since America has never seen a woman President, just like an overwhelming majority of people voted for Obama because America has never seen a black President. It’s these same people who vote based on sex or race without even a care in the world weather or not said person is a good leader; that get’s this nation in deeper and deeper.

    Do you think Russia, Germany, China, India or Iran is playing around? Do you feel these nations care about equality and world peace? Don’t think for a moment that it’s not still a Jungle out there. Yet thru all of this uncertainty and brinksmanship I have faith that Americans will pull together in the face of adversity and conquer any force that dare challenge our freedoms.

    Getting back on topic I think it’s a VERY bad idea to reward homosexuality the same way that traditional man/woman unions are. There can be no social advantage to having two people of the same sex getting benefits for their otherwise selfish behavior. Do I feel that homosexuality should be banned? No! I just don’t feel it should be rewarded or allowed to be considered a legal union. Same sex couples do not have anywhere near the responsibility or risk involved that heterosexual couples have. Having children is something that NO homosexual couple could EVER do; save for lesbians slipping some frozen sperm in their vagina’s. Even though a homosexual couple may be more than capable of loving their children it’s no where near “Ideal” for a child to grow up without both a Mom and a Dad. I can say this because I too grew up in a home that was ravaged by divorce, often times living with only one parent. I can tell you first hand how it messes with the mind and how badly it feels when Mom or Dad brings home a new partner (opposite sex in my case). I cringe to think of what it would have done to my mind to have homosexual parents and I can tell you 100% that I’d much rather be the child of a divorced family than to have had homosexual parents, or even worse no parents at all.

    What benefit to the human race can homosexual unions offer? NONE! Therefore why in the HELL would Americans want to reward the otherwise selfish behavior of the very few? What kind of example does that set for our children? Not a good one that’s for sure! I am sorry if this offends some, but I am sure most everyone else knows I am right. A prime example would be two years ago when my Son and I were at Cedar Point getting on the mine ride. Apparently two homosexual men got in the car in front of us, kissing and acting like a couple of…. Well…. Homos. My Son did not know what to think of what he was seeing and looked at me in a most perplexed way. I explained to him loud enough so the two homosexuals in front of me could hear “Son, these men have an illness and it’s not the natural order of life”. After the ride ended I also explained to him that while this is America and people are free to be who they want, that he did not want to end up like that. He agreed with me and as Americans we have a right to our opinions, even if they run contrary to others.

    Ask yourself this; at what point will it become okay to marry an animal, or something like a car? What would be the purpose of such a thing? The same holds true for homosexual unions. Legalizing homosexual unions and rewarding them the same way as traditional marriages only serves to disgrace the very people who raised the homos in the first place. Let’s face it, if a homosexuals parents were gay, we might not be having this discussion. Why taint and degrade something as natural and pure as heterosexual weddings? Why reward a lifestyle that does absolutely nothing to advance the human race into the next century? If people want to be gay, let them be gay! But don’t disgrace the majority by mocking marriage and rewarding selfishness!

    What’s even more disturbing is that Dr. Frank Joseph’s “Everyone should know these Statistics on Homosexuality” is almost all but being censored! In Dr. Joseph’s article he states the following statistics on homosexuals,

    “What is being pawned off on our children and grandchildren in public schools is the story that to be homosexual or lesbian is just another normal alternative lifestyle.

    Any of you, who have children in public schools, it would behoove you to print out the following and mail it to the principal of your child’s school, with a little note stating:

    I don’t know if the students at (name of school) are being indoctrinated that homosexuality is just another normal alternative lifestyle. If you have been, then you should print out the following and have it passed out to your students, as the truth must be told in order to preserve their health and avoid cutting off about 15-20 years of their life span.

    If the authorities give you a hard time, I would take my child out of that school and put him/her in a private school, and if you cannot afford it, I would homeschool him/her. And you can tell that to the principal.

    Or, you can wait until one day, your child comes home and says, “Mom, I think I’m homosexual.”

    I just heard that in the Los Angeles school district that the enrollments are considerably down (20-30,000) and has caused much grief to the school hierarchy, as the amount of money received is based on the number of students. Probably because more parents are homeschooling.

    Some statistics about the homosexual lifestyle:
    • One study reports 70% of homosexuals admitting to having sex only one time with over 50% of their partners (3).
    • One study reports that the average homosexual has between 20 and 106 partners per year (6). The average heterosexual has 8 partners in a lifetime.
    • Many homosexual sexual encounters occur while drunk, high on drugs, or in an orgy setting (7).
    • Many homosexuals don’t pay heed to warnings of their lifestyles: “Knowledge of health guidelines was quite high, but this knowledge had no relation to sexual behavior” (16).
    • Homosexuals got homosexuality removed from the list of mental illnesses in the early 70s by storming the annual American Psychiatric Association (APA) conference on successive years. “Guerrilla theater tactics and more straight-forward shouting matches characterized their presence” (2). Since homosexuality has been removed from the APA list of mental illnesses, so has pedophilia (except when the adult feels “subjective distress”) (27).
    • Homosexuals account for 3-4% of all gonorrhea cases, 60% of all syphilis cases, and 17% of all hospital admissions (other than for STDs) in the United States (5). They make up only 1-2% of the population.
    • Homosexuals live unhealthy lifestyles, and have historically accounted for the bulk of syphilis, gonorrhea, Hepatitis B, the “gay bowel syndrome” (which attacks the intestinal tract), tuberculosis and cytomegalovirus (27).
    • 73% of psychiatrists say homosexuals are less happy than the average person, and of those psychiatrists, 70% say that the unhappiness is NOT due to social stigmatization (13).
    • 25-33% of homosexuals and lesbians are alcoholics (11).
    • Of homosexuals questioned in one study reports that 43% admit to 500 or more partners in a lifetime, 28% admit to 1000 or more in a lifetime, and of these people, 79% say that half of those partners are total strangers, and 70% of those sexual contacts are one night stands (or, as one homosexual admits in the film “The Castro”, one minute stands) (3). Also, it is a favorite past-time of many homosexuals to go to “cruisy areas” and have anonymous sex.
    • 78% of homosexuals are affected by STDs (20).
    • Judge John Martaugh, chief magistrate of the New York City Criminal Court has said, “Homosexuals account for half the murders in large cities” (10).
    • Captain William Riddle of the Los Angeles Police says, “30,000 sexually abused children in Los Angeles were victims of homosexuals” (10).
    • 50% of suicides can be attributed to homosexuals (10).
    • Dr. Daniel Capron, a practicing psychiatrist, says, “Homosexuality by definition is not healthy and wholesome. The homosexual person, at best, will be unhappier and more unfulfilled than the sexually normal person” (10). For other psychiatrists who believe that homosexuality is wrong, please see National Association for Research and Therapy of Homosexuality.
    • It takes approximately $300,000 to take care of each AIDS victim, so thanks to the promiscuous lifestyle of homosexuals, medical insurance rates have been skyrocketing for all of us(10).

    • Homosexuals were responsible for spreading AIDS in the United States, and then raised up violent groups like Act Up and Ground Zero to complain about it. Even today, homosexuals account for well over 50% of the AIDS cases in the United States, which is quite a large number considering that they account for only 1-2% of the population.
    • Homosexuals account for a disproportionate number of hepatitis cases: 70-80% in San Francisco, 29% in Denver, 66% in New York City, 56% in Toronto, 42% in Montreal, and 26% in Melbourne (8).
    • 37% of homosexuals engage in sadomasochism, which accounts for many accidental deaths. In San Francisco, classes were held to teach homosexuals how to not kill their partners during sadomasochism (8).
    • 41% of homosexuals say they have had sex with strangers in public restrooms, 60% say they have had sex with strangers in bathhouses, and 64% of these encounters have involved the use of illegal drugs (8).
    • Depending on the city, 39-59% of homosexuals are infected with intestinal parasites like worms, flukes and amoebae, which is common in filthy third world countries (8).
    • The median age of death of homosexuals is 42 (only 9% live past age 65). This drops to 39 if the cause of death is AIDS. The median age of death of a married heterosexual man is 75 (8).
    • The median age of death of lesbians is 45 (only 24% live past age 65). The median age of death of a married heterosexual woman is 79 (8).
    • Homosexuals are 100 times more likely to be murdered (usually by another homosexual) than the average person, 25 times more likely to commit suicide, and 19 times more likely to die in a traffic accident (8).
    • 21% of lesbians die of murder, suicide or traffic accident, which is at a rate of 534 times higher than the number of white heterosexual females aged 25-44 who die of these things(8).
    • 50% of the calls to a hotline to report “queer bashing” involved domestic violence (i.e., homosexuals beating up other homosexuals) (18).
    • About 50% of the women on death row are lesbians (12). Homosexuals prey on children.
    • 33% of homosexuals ADMIT to minor/adult sex (7).
    • There is a notable homosexual group, consisting of thousands of members, known as the North American Man and Boy Love Association ( NAMBLA). This is a child molesting homosexual group whose cry is “SEX BEFORE 8 BEFORE IT’S TOO LATE.” This group can be seen marching in most major homosexual parades across the United States.
    • Homosexuals commit more than 33% of all reported child molestations in the United States, which, assuming homosexuals make up 2% of the population, means that 1 in 20 homosexuals is a child molestor, while 1 in 490 heterosexuals is a child molestor (19).
    • 73% of all homosexuals have had sex with boys under 19 years of age (9).
    • Many homosexuals admit that they are pedophiles: “The love between men and boys is at the foundation of homosexuality” (22).
    • Because homosexuals can’t reproduce naturally, they resort to recruiting children. Homosexuals can be heard chanting “TEN PERCENT IS NOT ENOUGH, RECRUIT, RECRUIT, RECRUIT” in their homosexual parades. A group called the “Lesbian Avengers” prides itself on trying to recruit young girls. They print “WE RECRUIT” on their literature. Some other homosexuals aren’t as overt about this, but rather try to infiltrate society and get into positions where they will have access to the malleable minds of young children (e.g., the clergy, teachers, Boy Scout leaders, etc.) (8). See the DC Lesbian Avengers web page, and DC Lesbian Avengers Press Release, where they threaten to recruit little boys and girls. Also, see AFA Action Alert.”
    He also states this is the agenda of the Homosexual,
    • “The homosexual agenda includes desensitizing the public: “The first order of business is desensitization of the American public concerning gays and gay rights…..To desensitize the public is to help it view homosexuality with indifference instead of with keen emotion. Ideally, we would have straights register differences in sexual preferences the way they register different tastes for ice cream or sports games….At least in the beginning, we are seeking public desensitization and nothing more. We do not need and cannot expect a full ‘appreciation’ or ‘understanding’ of homosexuality from the average American. You can forget about trying to persuade the masses that homosexuality is a good thing. But if only you can get them to think that it is just another thing…then your battle for legal and social rights is virtually won” (25).
    • Part of the homosexual agenda is to get the public to affirm their filthy lifestyle, as one homosexual admitted in the October 1987 homosexual rally on Washington: “We are no longer seeking just a right to privacy and a protection from wrong. We also have a right — as heterosexual Americans already have — to see government and society affirm our lives” (27).
    • Part of the homosexual agenda is to turn people from Christianity: “The teaching that only male-female sexual activity within the bounds and constraints of marriage is the only acceptable form should be reason enough for any homosexual to denounce the Christian religion” (1).
    • Homosexuals knowingly lied (and still lie) about the 10% figure (i.e., homosexuals make up 10% of the population). As Tom Stoddard (formerly of the Lambda Legal Defense Fund) said, “We used that figure when most gay people were entirely hidden to try to create an impression of our numerousness” (17). “
    You can read the full article at this link – http://www.traditioninaction.org/HotTopics/a02rStatistcs.html
    But of course, the liberal/Democrat media would want you to assume this article come from the GOP, namely Dave Agema, rather than the TRUE fact that these statistics were written by a DR. by the name of Frank Joseph. Typical Democrat spin….
    Now I ask you Mr. Fieger, do you have the brass to approve this article? Or are you going to trample free speech in order to save face? Seems to me the article and statistics above have adequate supporting links (at the link provided). So what of these statistics? Should we ignore them because they may prove a point that homosexuality may not be a healthy lifestyle choice? Or should we debate them in an effort to learn the truth?

    I guess we will see just how much you support the free speech of others with this response right here.

    On an unrelated note, I was downtown today for opening day and boy what a turn out! The streets of Detroit were packed with people having a good time! The sun was shining and life felt good as I cruised the city streets and took in the view. I have said it before and I will say it again; there is something special about Detroit! They must put something in the air! LOL

  3. Rex A. Umney says:

    ^^ Leaping Lizards! ^^

    Fieger still has some brass! I thought for sure he had gone soft on us!

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