“The Other Shoe” In Yesterday’s California Supreme Court ‘Gay Marriage’ Decision
Yesterday we covered the California Supreme’s decision on so-called gay marriage … It goes a bit deeper than that …
California Court Strips Children of Right to Mother and Father
By Terence P. Jeffrey (CNSNews)
In Thursday’s 4-3 decision legalizing same-sex marriage, the California Supreme Court stripped children of the right to be raised by a mother and a father.
Most of the media coverage of the California Supreme Court’s decision has focused on the court’s declaration that there is a right to same-sex marriage. The ruling invalidated California’s Proposition 22, a state ballot initiative that passed with 61 percent of the vote in 2000, and which banned same-sex marriage in the state.
But the California Supreme Court decision goes beyond simply giving same-sex couples the right to call their unions a “marriage.” It also strips children of the right not to be artificially conceived or adopted by people other than a mother and a father.
Indeed, the court does not recognize that children have any right whatsoever to a mother and a father.
In the decision, the California court sees children primarily through the eyes of same-sex couples who want to secure custody and control of children. The court makes emphatically clear that it deems this to be a right of same-sex couples that is equal to–and identical to–the right of married mothers and fathers to adopt or conceive and raise their own children.
In making this argument, the court addresses biological parenthood as an accident of nature that can be swept aside by the court in its pursuit of what the court understands to be justice. To explain this vision of justice–and where children fit into this vision–the court equates same-sex couples to infertile heterosexual married couples.
“A person who is physically incapable of bearing children still has the potential to become a parent and raise a child through adoption or through means of assisted reproduction, and the constitutional right to marry ensures the individual the opportunity to raise children in an officially recognized family with the person with whom the individual has chosen to share his or her life,” the court said.
Two homosexual men joining together and contracting to have a child artificially conceived, gestated and handed over to their custody, it concludes, is a question of the “liberty and personal autonomy” of the homosexual men, but not of the child who would be so conceived and raised.
“Finally, of course, the ability to have children and raise them with a loved one who can share the joys and challenges of that endeavor is without doubt a most valuable component of one’s liberty and personal autonomy,” said the court.
“Although persons can have children and raise them outside of marriage,” the court said, “the institution of civil marriage affords official governmental sanction and sanctuary to the family unit, granting a parent the ability to afford his or her children the substantial benefits that flow from a stable two-parent family environment, a ready and public means of establishing to others the legal basis of one’s parental relationship to one’s children and the additional security that comes from the knowledge that his or her parental relationship with a child will be afforded protection by the government against the adverse actions or claims of others.”
In constructing its vision for a new type of “family,” the court rhetorically worked its way around the biological certainty (in a pre-human-cloning world) that all children have a mother and father (whether they are ever afforded the right to know them or not), by adopting a parental lexicon that features not moms and dads but “opposite-sex couples” and “same-sex couples.”
“Extending access to the designation of marriage to same sex couples will not deprive any opposite-sex couple or their children of any of the rights and benefits conferred by the marriage statutes, but simply will make the benefit of the marriage designation available to same-sex couples and their children,” said the court.
“While retention of the limitation of marriage to opposite-sex couples is not needed to preserve the rights and benefits of opposite-sex couples,” said the court, “the exclusion of same-sex couples from the designation of marriage works a real and appreciable harm upon same-sex couples and their children.”
I have noting to say other than remember this when the big one comes and most of California will be in the ocean…
May 16th, 2008 at 8:23 amSOC … California really does need to split off the country and sink … we can move the Miramar school and open new naval ports in Nevada and Arizona. Hopefully Code Pink is having a rally when Cali sinks so we can all rejoice.
May 16th, 2008 at 8:49 amSome facts about homosexual that the CA.Supreme court and the entire homosexual community wants you not to know.
May 16th, 2008 at 8:59 amFACT: Dutch study found average Gay union lasts 1-1/2 years, and Gay participants average 8 additional partners outside these relationships (each year).
FACT: The Advocate, leading periodical within Gay community, released results of survey taken Aug 1994: 57% of Gay men have had sex with more than 30 partners. Survey also revealed 48% of homosexuals had participated in a “three-way” during previous 5-year period.(SOURCE: “The Advocate Sex Poll,” The Advocate, August 1994.)
FACT: Centers for Disease Control and Prevention reported number of new HIV/AIDS diagnoses rose 11 percent among Gay and bisexual men between 2000 and 2003.
FACT: Study published in Archives of General Psychiatry, followed 1,007 individuals from birth. Revealed those classifying themselves as Gay, lesbian, or bisexual faced a significantly higher likelihood of suicide.
FACT: Study published in the December 2003 British Journal of Psychiatry, Gay men significantly more likely to suffer from mental disorders than heterosexual men, less likely to be involved in a steady relationship with one partner, more likely to have used drugs within the preceding 30 days, far more likely to abuse their partner, and more likely to inflict harm upon themselves.
FACT: Lesbian, Gay male, and bisexual youths more often associated with school problems, running away, substance abuse, prostitution, and suicide.
FACT: Survey of 1,099 lesbians, the Journal of Social Service Research: slightly more than half of lesbians reported abuse by female lover/partner.
The list goes on and on and these are the type of people the CA.Supreme court entrusts the lives of the innocent too.
Just f***ing unbelievable.
So let me get this straight, if say, a young boy is “adopted” by a homosexual couple and said boy is then abused by the couple, the child would have no right to get out of that “family unit” because the court is saying the child belongs with them the same way he would belong to a biological mother and father? This is scary.
May 16th, 2008 at 9:07 amWhen I was a theological student in the late ’80s and the Aids virus was just getting up a head of steam, a fellow student and myself went to the home of a homosexual man who had called our church for help. He wanted to get out of the homosexual lifestyle, but could not do so on his own, because of the homosexual men who were roaming around his neighborhood, raping and assaulting other homosexual men at will. They did not care whether the other person had Aids or not; they just wanted to have sex with anyone at any time and they couldn’t care less whether they would die at an early age or not, or whether they might be spreading a deadly disease by doing so.
My question to all those who favor allowing homosexuals to adopt children is: the evidence is plain for all to see that most of those who practice homosexuality are completely irresponsible and unfit parents; not even to mention that God hates homosexuality and burned all of the people alive in Sodom and Gomorrah for that very sin. Therefore, why would you want to put innocent children in that sort of environment?
Clearly, the homosexual movement wants to use adoption to “train” future homosexuals and provide fresh meat for their filthy and depraved lifestyle. May God have mercy on our country.
May 16th, 2008 at 9:17 amAgain, I just cant get worked up over this crap.
I know plenty of heterosexual couples that have kids that I wouldn’t trust to raise a dog, let alone a child. But I know plenty of homo’s who are pretty solid and well adjusted, and apart from the porn they watch are no different than the rest of us.
Whenever people start making blanket statements like “most people” you are just sterotyping, blanket statements just make you look naive. Oh, and for as far as “training” someone to be gay you are about as likely to end up gay hanging out with homos are you are end up tall from being around tall people.
Despite what you have been lead to believe, it doesn’t work that way.
May 16th, 2008 at 9:35 am“Whenever people start making blanket statements like “most people” you are just sterotyping…”
Reminds me of a Dave Barry-ism…. “I realize I’m generalizing here but, as is usually the case when I generalize, I don’t care.”
The “blanket” acceptance of ‘alternative lifestyles’ (whatever the fuck that really means) has eroded decent society quite likely beyond repair. What I see is young people increasingly befuddled about how to fit a desire for a life with morals and values into a frame with no edges. Provided quite viciously by a Dhimmicrat Party since 1968.
May 16th, 2008 at 9:58 amBut there I go generalizing again.
Anybody have the stats on how many of those young boys sexually molested by Priests turned gay?
May 16th, 2008 at 10:09 amsometimes i read about a court decision so completely wrong, it leaves me with my head and my heart aching. and right now my head is pounding. i think that’s called stress.
May 16th, 2008 at 10:24 amthis decision is wrong spiritually, morally and legally. without going into all the arguments of each of those points, i keep coming back to, “why did you decide the way you did?” Why? it just doesn’t make sense. it’s akin to when i read about someone murdered in cold blood, it makes no sense.
there were no intelligent conclusions made in that court ruling. no considerations given beyond the immediate gratification of desire. in a word, lust. but the damage that is going to be wrecked on society is huge and lasting.
what pitifully small minded judges they are who voted to overturn that law. shame and scorn on them, not on their office, but on them individually.
Poe,
How about all the numbers listed by Mike W? “Most people” would believe that such behaviors qualify you as an unfit parent. As for the Christian point of view, which I firmly stand by, homosexuality is an abomination in God’s eyes. Therefore, homosexual parents would be unqualified parents because they set a perverse example to young children.
While having homosexual parents does not necessarily mean you will become attracted to the same gender it sets a perverse example to the young and teaches them that such a lifestyle is a normal way of life. Even statistically speaking, homosexuality is an anomaly an irregular behavior. Throughout history - even in the Roman Empire when homosexuality was out in the open - this population has always been a small minority.
Gay marriage has nothing to do with civil rights or interracial marriages. Homosexuals can choose if they have sex with someone and who they have sex with. I have no choice in the biological fact that I am an Asian male just as my wife has no choice in the biological fact that she is a Russian female. We were born as such. There is no such thing as a gay gene. Homosexuals and their supporters have been unsuccessfully trying to prove it for decades. Even with it unproven, they are trying to corrupt and deceive the young by teaching this as fact. An example of this is Montgomery County Schools in Maryland, where I went to high school. Over 270 local physicians have signed a petition protesting the PUBLIC school curriculum that teaches homosexuals are born. In order for something to be taught as scientific fact it must be well proven. This is FAR from proven and teaching this to children is a LIE.
Also, so many people are concerned about homosexuals so called “rights” while they forget about our First Amendment rights. An example of this would be in Arlington County, VA - where I currently reside. After a Chrisitian bookstore owner refused to duplicate media of the gay rights movement in the 1970s, the lesbian customer took him to court, and the judge ruled that he had to reproduce that material. As far as I remember, this country was founded on freedom of speech and religion. As far as I remember, I fought overseas for every American’s rights. I’ll be damned if “gay rights” impede on ANYONE’s consitutional rights!
May 16th, 2008 at 10:25 amDrill
they usely turn pedophiles as well, except if tthey have a chance to get support from their family and psychologues
anyway, that how often it appears by our standards
you don’t become homo, your born homo, no medicine, a bit of comprehension with help these men to carry on a decent life
those who are on the streets are prostitutes or perverses, might be that their families weren’t open-minded
May 16th, 2008 at 10:35 amjsc,
Numbers listed, with no source are not worth a response… Just because you saw it on the internet’s doesn’t mean it’s true. And I am not the best of Christians, I hit the 10 commandments like a to do list in my youth, but the one thing I remember is that it is not for us to judge, that is divine providence and vanity to do otherwise.
By your ruler every guy who ever banged a chick in the aft for the fun of it is a pervert and an unfit father and every chick that let him is an unfit mother. If it is your belief that having sex in the missionary position by the numbers makes one a better parent than getting freaky dressed like cartoon characters while rolling around on a waterbed mattress covered in baby oil then good on you. But me personally, as long as the kids are not being exposed to what you do to get your kicks, what does it matter?
I did not mean to imply that gayness was a gene based thing, however as personally I cannot imagine taking it in the can to be pleasurable, I conclude that it is not an acquired taste or something you just get used to. But for some it’s what floats there boat, I don’t know if it’s crossed wires or a chromosome imbalance, whatever… but I don’t buy that it’s a choice.
This discussion has nothing to do with the first amendment, so I won’t bother going into that with you. However I fought overseas so I could escape the dead end town and fast track to the prison system I was on. Along the way thou I learned about freedom. I believe that as long as no one is getting hurt, people can bang whoever they want, however they want because not only is it none of my business, it’s there right as adults.
I am man enough to stand up for someone getting persecuted or being denied a right that we all enjoy because of their skin color, their political beliefs, their upbringing, their chosen religion or their sexual preference. Despite the fact homosexuality makes me cringe it does not mean these people should be denied anything because of it.
May 16th, 2008 at 2:32 pmfranchie
SOME of it maybe “wrong-wiring” …
The rest is intentional choice against human design.
May 16th, 2008 at 2:48 pmhttp://www.bookrags.com/wiki/Homosexuality
scroll down to :
prenatal hormonal theory
“In experimental animals it’s been well established that the sexual differentiation of the body and brain results primarily from the influence of sex hormones secreted by the testes or ovaries (Arnold 2002). Males have high levels of testosterone in fetal life (after functional development of the testes) and around the time of birth, as well as at and after puberty. Females have low levels of all sex hormones in fetal life, and high levels of estrogens and progestagens starting at puberty. High prenatal testosterone levels organize the brain in a male-specific fashion; low levels testosterone permits it to organize in a female-specific fashion. Hormones at puberty activate the circuits laid down in prenatal life but do not fundamentally change them. Thus, the range of sexual behaviors that adult animals can show is determined in large part by their prenatal/perinatal hormone exposure—manipulating these hormone levels can lead to atypical sex behavior or preference for same-sex sex partners as well as a range of other gender-atypical characteristics.”
May 16th, 2008 at 3:05 pm“Two homosexual men joining together and contracting to have a child artificially conceived, gestated and handed over to their custody, it concludes, is a question of the “liberty and personal autonomy” of the homosexual men, but not of the child who would be so conceived and raised.”
That is the key, it is at the heart of every liberal agenda. It is all about what THEY want, for themselves. They are oblivious to the world around them, not the least of which is how Mother Nature designed human reproduction.
Round peg —> Round hole.
That’s it. Do it that way or you don’t get to have a child. It isn’t a law, or a belief, it is a hard-coded part of being human. Using science to find loopholes doesn’t make it right. It makes those men SELFISH.
May 16th, 2008 at 3:30 pmIf you want to start creating life artificially and handing kids out to couples that were never predisposed to biologically have any, your going to run into more problems and damage to society as a whole than your wildest dreams. The argument that some heterosexual parents are not fit to raise dogs is as weak as it gets. How about incestuous couples raising a family, or polygomists, or beastporkers, or pedophiles? It’s easy to justify when you take life and subtract morality.
May 16th, 2008 at 8:01 pmI live in CA and I’m sick of it. Most of the people here make me sick.
This reminds me of the song from “Ænema” from Tool:
“Some say the end is near.
Some say we’ll see armageddon soon.
I certainly hope we will.
I sure could use a vacation from this…
Bullshit three ring circus sideshow of
Freaks…
Here in this hopeless fucking hole we call LA
May 16th, 2008 at 8:45 pmThe only way to fix it is to flush it all away.
Any fucking time. Any fucking day.
Learn to swim, I’ll see you down in Arizona bay.”
Arnold S…6 of 7 Supremes…all traitors to the Constitution and to Conservatism…and then of course their is Arnold’s Lesbian Chief of Staff and the Attorney General none other than…Mr. Brown…lately of Oakland and previously the Governor of California…..Oh I forgot the entire electorate of California that was cuckholed by the above….. RJI
May 16th, 2008 at 10:01 pm@Gary in Midwest
If you want to start creating life artificially and handing kids out to couples that were never predisposed to biologically have any…
Thats what homosexuality is about… its NOT a lifestyle and its not genetic either.(not proven yet) Its 100% proven these days, for decades already that right after conception, homosexuality is determined in the womb. Causes are stress and other external factors on which a lot of research still has to be done. The system created by God is more complex than we think and is even able to regulate over-population.(as with rabbits, overpopulation causes stress, causes diseases hence self regulation.
Both Islam and the Catholic church as power institutions condemn homosexuality strongly these days,for the simple reason that allowing it, will decrease the number of members. It will decrease the reproduction capacity by 10%! (10% of men are gay or bisexual) Unfortunately Islam has overwon this competition lately, as the Islam has now more members than the Catholic Church (Luckily not Christianity as a whole) So as for gay haters? Be a true straight guy and fuck more and make more children if your in for this competition!
Personally I think this self regulation is intended in the system created by God in order to keep his creation whole, as we are heading for 10 billion inhabitants of this planet soon.
Kids that are even raised by gay couples turn out just to be as straight or gay percentage- wise as traditionally raised children. Whatever you think of gays, dont mix it up with pedophelia as statistics show us that the majority of child abusers are straight men abusing young girls. Straight, Bi-sexual OR Gay child abusers should in my opinion be chemically castrated.
I personally favour a traditional man and woman upbringing because kids get both the male and female side. To me as a gay!(conservative though) that has enriched my life as nature intended it to. As is the purpose of my life: not to reproduce…
And for readers that take everything out of the Bible literally: Morally I cannot agree with Lot and his daughters right after the destruction of Sodom and Gomorrah to have their own father get drunk and than have sex with him….no word in the Bible about this case of incest.
May 19th, 2008 at 5:05 aman interesting article:
http://www.nationalreview.com/comment/comment-gallagher081303.asp
May 19th, 2008 at 5:38 am