Category archives: Human Sexuality

Sick of Porn? Here’s Some Good News for a Change

by Cathy Ruse

March 2, 2015

Thank you, Safeway!

As a mom of two young girls, the last thing I want them to do is stand in the checkout line and stare at the nearly pornographic Sports Illustrated 2015 Swimsuit Edition. At Safeway, now I won’t have to.

The National Center on Sexual Exploitation (formerly Morality in Media) is encouraging moms like me to ask retailers to wrap the cover and move it from public display, especially checkout lines.

At first Walgreens, Barnes & Noble, and Safeway told us to jump in the lake. But after receiving 30,000 emails Safeway has changed its mind: they have announced they will place the magazines away from checkout stands and cover two-thirds of the front of the magazine.

Read more about the grocery giant’s turn-around, and how to thank them.

Thank you, Google!

It seems that Google is slowly getting out of the porn business.

Family Research Council joined the National Center on Sexual Exploitation (NCSE), Enough is Enough, and other groups to ask Google to take a stand against sexually exploitative images and videos. Google has been on NCSE’s annual “Dirty Dozen List” for a number of years.

But last year Google decided to remove all pornographic apps from Google Play, and AdWords stopped all pornographic ads and ads that link to sexually explicit websites.

This week Google announced that“sexually explicit or graphic nude images or video” will not be allowed on Blogger, a popular blog platform. It told Blogger users it will beeliminating all “adult” blogs from public access and remove from all forms of public search by March 23, 2015, unless they remove all inappropriate content.

To learn more and send Google a “Thank you!”: http://endsexualexploitation.org/google/

Two Men, Three Men, A Man and His Daughter: Marriage on the Slope

by Cathy Ruse

February 19, 2015

Those of us who believe in man-woman marriage sometimes talk about the “slippery slope”: If we undo the age-old definition of marriage as the union of one man and one woman, this will lead to consequences that go well beyond the terms of the current debate.

Like three men marrying, or a father marrying his daughter.

Advocates for same-sex marriage say “pshaw” and call us crazy. Or worse. To which we often reply: Just you wait.

Well, that didn’t take long.

Yesterday, Salon.com published a piece calling parent-child incest normal.

There’s even a new politically-correct moniker for it. Don’t say “incest,” say “genetic sexual attraction.”

And because we live in Alphabet Soup Land, it’s best to call it “GSA.”

Salon was not first. New York Magazine ran a story last month about the “happy” incestuous relationship between a young woman and her father who say they are engaged to be married.

The website Jezebel has run a similar story, though with an unhappy ending.

The Jezebel story begins, “My biological father wanted to have sex with me from the first moment he laid eyes on me.” Natasha Rose Chenier writes, “I imagine that, unless you have experienced genetic sexual attraction yourself, this is going to sound entirely unbelievable. But trust me: it is as real and intense as anything.”

She claims that 50% of relatives who meet as adults have GSA.

Natasha Rose’s mom is a lesbian and her father, whom she later slept with, left when her mom got pregnant. She calls her mother’s “lover” a “patriarchal butch lesbian” and so, she says, she always had a “father figure.”

To most of us, this heartbreaking mess explains everything about how such a monstrous thing could occur.

And now for the unhappy ending.

Her feelings changed. “It was literally night and day. At night, the first night, I felt thrilled. I thought, ‘There’s nothing wrong with this, just cultural norms that are meaningless.’ The sexual intensity was nothing like I’d ever felt before. It was like being loved by a parent you never had, and the partner you always wanted, at once.”

And then in the morning, we had [a sex act] again, and that’s when I wanted to puke and felt like a criminal. At night I was really into it, but by morning I wanted to die. That’s not hyperbole; I really wanted to die.”

There is always hope. If the still small voice can reach Natasha Rose, there is always hope.

Freedom is Defined by Virtue, Not Sexual Impulses

by Christina Hadford

February 19, 2015

Freedom is man’s ability to pursue freely God’s plan for him; slavery is man’s self-subjugation to his appetitive soul. Today’s culture has confounded the two, inadvertently defining man and measuring his freedom based on his sexual drive.

Last week Stella Morabito wrote about the plurality of sexual identifications accepted and even promoted today: pedophilia, BDSM (bondage/ domination/ sado-masochism), transgender children, incest, bestiality, group sex, and anonymous sex (to name a few). Like many opponents to gay marriage predicted, re-defining marriage as anything other than a sacred bond between one man and one woman will inevitably lead us down a slippery slope in which all sexual exploits are permissible in the name of freedom.

President Obama’s crass advertisement for women to “vote like your lady parts depend on it” makes this case in point. Supposedly, a girl’s ability to have casual sex with a range of men empowers her; a mother’s decision to kill her unborn child indicates her individual agency; a woman’s choice to sleep with other women means she is an equal member of society. This sentiment has seeped into wider discourse. Now, people identify themselves by their sexual orientation, and interpret their freedom based on whether they can fulfill these desires without limits. This distortion is degrading, debilitating, and downright disgusting.

Defining a person’s freedom in terms of her sexual desires and actions reduces her to an animalistic state. The trademark of humankind—both man and woman—is their logic. Animals experience an urge, and go to all limits to satisfy that urge. Humans share the sensual desires of animals, but are additionally endowed with a sense of reasoning and restraint that should ultimately dictate their appetites. As Aristotle said, “[T]he good for man is an activity of the soul in accordance with virtue, or if there are more kinds of virtue than one, in accordance with the best and most perfect kind” (Nicomachean Ethics).

In addition to the backwardness of reducing man to an animalistic state, defining freedom in terms of sexual passions is inherently restrictive. Ultimately, we are all constrained by our bodily limits. It is impossible for two men to conjugally unite to produce offspring; it is impossible to have pedophiliac relationships and not profoundly wound an innocent child; it is impossible to have healthy and respectful sado-masochistic relationships. The human body is limited, and defining man in terms of his body inescapably confines him.

Freedom is, however, very achievable as long as it is properly defined. As Aristotle indicated true freedom is the absolute pursuit of highest virtue; specifically, it is the spiritual and corporal surrender to God’s omniscient and benevolent plan for man. Because God is all-powerful, pursuing God’s plan—whether or not it is sensually fulfilling to man—will manifest boundless interior and spiritual freedom. It is high time our society stop accepting any and all sexual desires in the name of freedom. A man with uncontrollable sexual impulses will not achieve freedom by society affirming his actions; rather, he will achieve freedom after he is offered loving and compassionate counsel away from his sexual slavery.

City of Atlanta: No orthodox Christians need apply

by Travis Weber

January 8, 2015

At a press conference held on Tuesday this week, Atlanta Mayor Kasim Reed fired Atlanta Fire Rescue Department Chief Kelvin Cochran. How did we get here?

One year ago, Chief Cochran wrote a book discussing orthodox Christianity, including a mention of how God views homosexual practice. The book had been around for a year, with no problems. Yet when one of Atlanta’s secret thought police secretly uncovered the not-so-secret book, a hullabaloo erupted. All the usual suspects contributed to a hearty round of hand-wringing and head-shaking.

Mayor Reed was “deeply disturbed” and indignantly proclaimed he would not tolerate such discrimination within his administration.

Unless that discrimination is against Christians, of course.

Perhaps the mayor should take up his feeling of being “deeply disturbed” with God. Chief Cochran was only quoting the Bible. He didn’t come up with the ideas he expressed.

The mayor’s office then opened an investigation because “there are a number of passages” in Chief Cochran’s book “that directly conflict with the city’s nondiscrimination policies.”

Well, who knew? The views one expresses in one’s own writings have to now conform to official city policies.

If this wasn’t bad enough, let’s turn to the chief’s firing. In a press conference held yesterday, the mayor claimed:

Chief Cochran’s “actions and decision-making undermine his ability to effectively manage a large, diverse workforce. Every single employee under the Fire Chief’s command deserves the certainty that he or she is a valued member of the team and that fairness and respect guide employment decisions. His actions and his statements during the investigation and his suspension have eroded my confidence in his ability to convey that message.”

I want to make my position and the city of Atlanta’s position crystal clear,” Reed continued. “The city’s nondiscrimination policy … really unequivocally states that we will not discriminate.” Thus, according the mayor, any individual who violates that policy or “creates an environment where that is a concern” will notcontinue his or her employment withthe city government.

The only problem is: there is no evidence here of any discrimination whatsoever! There never has been.

In essence, the chief was fired by the mayor and his allies because (if they were honest) they “think he might discriminate against gay people.” Never mind there is zero evidence of any such discrimination. Simply put, no one can point to any adverse action Chief Cochran has ever taken against someone based on their homosexuality! If they could, we certainly would have heard about it, given the frenzied fears of “potential” future discrimination and a “possible” hostile work environment. But because that’s all the mayor and his allies have to go on, all we’ve heard about is the “possibility” of future discrimination.

This is a clear case of someone being eliminated from their position because of their views alone. This is even worse than other recent cases of disapproval of orthodox Christian views among public figures in the United States. Without exaggeration, we can say we have just seen the government monitoring personal expression for approval or disapproval, backed up by power of law.

But if he’s going to bury Chief Cochran, Mayor Reed needs all the ammunition he can get. So he scrambles, and tacks on another “justification”: “Chief Cochran also failed to notify me, as Mayor and Chief Executive of the City of Atlanta and his employer, of his plans to publish the book and its inflammatory content. This demonstrates an irreconcilable lapse in judgment.”

Never mind that Chief Cochran plausibly describes how he not only notified the mayor of his plans to publish the book, but provided him in January 2014 with a pre-publication copy for his review, which the mayor told him he planned on reading during an upcoming trip.

Reed didn’t even stop there. He claimed Chief Cochran published his book in violation of standards of conduct which require approval from the Ethics Officer and the Board of Ethics.

Never mind that, as Cochran reports, not only did the director of Atlanta’s ethics office give him permission to write the book, but he was also given permission to mention in his biography that he was the city’s fire chief.

Well, which is it, Mayor Reed? The “nondiscrimination” issue. Or the ethics issue? On the latter, the chief and mayor offer contradicting testimony. On the former, the mayor doesn’t even offer any evidence whatsoever!

These developments are likely to cause widespread consternation among Christians, but they should alarm anyone concerned about freedom of expression in general.

At the press conference, the mayor was in vehement and repeated denial that Chief Cochran was fired for his religious beliefs. The mayor would have us believe that “[t]his is about judg[]ment” and “not about religious freedom” or “free speech.” According to the mayor, “[j]udg[]ment is the basis of the problem.” But Mayor Reed knows he is wrong, which is why he is so defensive about there being no “religious persecution”—he clearly knows it is taking place.

In addition, the mayor was accompanied by his cabinet and Alex Wan (the city’s lone gay council member) at the press conference. If the issue is about ethics, why have the lone gay council member flanking you as you make the announcement? For that matter, why not have an ethics officer?

Indeed, the issue is about orthodox Christian views. And if it’s about “judgment” on the expression of such views, we are in a brave new world.

Chief Cochran must vigorously stand for his rights. All who care about the right to free expression without government intrusion and interference should stand with him, even if they disagree with him in this case. For when the law fails to protect one, it soon fails to protect all.

As we are reminded by Martin Niemöller, a German pastor who was an outspoken opponent of Hitler and ultimately was confined to a concentration camp:

First they came for the Socialists, and I did not speak out—
Because I was not a Socialist.
Then they came for the Trade Unionists, and I did not speak out—

Because I was not a Trade Unionist.
Then they came for the Jews, and I did not speak out—

Because I was not a Jew.
Then they came for me—and there was no one left to speak for me.

NOTE: Stand with Chief Cochran by signing our petition supporting him at http://frc.org/fired

News Flash: Pornography Hurts Marriage

by Rob Schwarzwalder

December 22, 2014

Our friends at the Porn Harms Coalition (of which FRC is a member) have drawn attention to a study that quantifies what every common-sensical person in the world knows intuitively: Viewing pornography discourages and damages marriage. The German Institute for the Study of Labor (apparently the Germans understand that marriage affects labor productivity, as FRC’s Marriage and Religion Research Institute has argued for years) hired researchers at Pennsylvania’s West Chester University and Britain’s Timberlake Consultants to study whether “increasing ease of accessing pornography is an important factor underlying the decline in marriage formation and stability.”

Well, the German-sponsored study found it did: “Substitutes for marital sexual gratification may impact the decision to marry. Proliferation of the Internet has made pornography an increasingly low-cost substitute … We show that increased Internet usage is negatively associated with marriage formation. Pornography consumption specifically has an even stronger effect.”

Pornography as a “low-cost substitute” for marriage? So, are women merely sexual tools for readily-aroused young men? What a comment on how many young men in our time view women! Yet advocates of complete sexual autonomy (over-the-counter contraception for all, for example) refuse to acknowledge this corrosive fact.

We welcome this contribution to the scholarly literature showing that pornography adversely affects getting and staying married. To simplify things, though, ask any pastor, priest or rabbi who’s ever counseled a woman with a boyfriend or husband addicted to pornography. That conversation will prove more unforgettable than even the most riveting study ever can.

For those struggling with addiction to pornography or who want to help those who are, Porn Harms offers great resources. And, remember, Jesus Christ is the greatest resource of all.

Elections Deal Another Setback to the “Rainbow Revolution”

by Peter Sprigg

November 14, 2014

On October 30, just five days before the mid-term elections, the McClatchy newspaper chain ran a breathless article under the headline, “Rainbow Revolution: U.S. welcoming gay marriage, changing politics.”

Much of the focus of the article was on changes in attitudes toward homosexuality in the Republican Party. It began with an account of something that it said “would have been unimaginable even a couple years ago.” It told how “[t]he most powerful Republican in Washington,” House Speaker John Boehner, “flew to San Diego … to help raise money for an openly gay candidate for the House of Representatives” (Carl DeMaio). It reported that DeMaio, along with Richard Tisei of Massachusetts, were “[a] pair of openly gay Republicans … running in competitive House races.” According to the article, Boehner’s “decision to campaign for gay candidates was met with surprisingly nominal opposition, which he was able to brush aside quickly.”

The McClatchy article, penned by Anita Kumar, also highlighted Monica Wehby, the (heterosexual) Republican candidate for the Senate in Oregon, who ran a TV ad highlighting her support for redefining marriage, “featuring a gay man who successfully fought the state’s same-sex marriage ban.”

Democrats were not completely ignored, however. The article also cited Maine “where Democrat Mike Michaud could become the first openly gay governor in the nation.” Meanwhile, “In Colorado, Democratic Sen. Mark Udall launched a social media campaign against his Republican opponent for voting against a bill that would protect gays from discrimination.”

Apart from specific candidates, this “first story in an occasional series on the changes in American attitudes about gays and gay marriage” declared, “After decades of solid opposition, a majority of Americans now support marriage between those of the same sex.”

That was the media spin on October 30, 2014.

What a difference five days make.

DeMaio and Tisei, the two homosexual Republican Congressional candidates? Both lost.

Monica Wehby, the Republican Senate candidate who considers someone a hero for helping to overturn a popular vote defining marriage as the union of a man and a woman? She lost.

Democrats Michaud and Udall? They both lost, too.

And that “majority” that supposedly supports same-sex “marriage?” According to nationwide exit polls on Election Day, it was only 48%—exactly the same proportion who continue to oppose such a redefinition (and a decline from the 49-46% plurality which supporters of marriage redefinition had in the 2012 exit polls). This was based on a poll question asking, “Should your state legally recognize same-sex marriage?” Note that polls which correctly frame the issue by asking about the definition of marriage have consistently shown that most American continue to believe that marriage should be defined as the union of one man and one woman. For example, in this 2013 poll, when asked, ““Would you approve or disapprove of changing the definition of the word marriage to also include same-sex couples?” only 39% approved while 56% disapproved.

While the media may view the world through rainbow-colored glasses, and there may be a “rainbow revolution” underway on the subject of marriage in the courts (which, under our constitutional system, are supposed to be the least revolutionary branch of government), it is clear that actual voters—you know, “We, the People,” who are the sovereign rulers of this country—are not so eager to join this “revolution.”

As FRC President Tony Perkins pointed out after the election, the concern about candidates like DeMaio, Tisei, and Wehby “was not these candidates’ sexual orientation, but their policy orientation.” The threat to the family posed by redefining marriage, and the threat to religious liberty posed by the aggressive agenda for the forced affirmation and celebration of homosexuality, are becoming ever clearer, and a candidate’s support for these radical policies is not something that will motivate the Republican base to turn out and support them.

In fact, exit polls showed that opposition to redefining marriage remains widespread—and even dominant in several of the key battleground states which were crucial to the Republican takeover of the Senate. The most complete set of exit poll results that I was able to find in the days after the election was posted online by NBC News, and included data on the marriage question for 24 states.

In Arkansas, Republican Tom Cotton unseated Democratic incumbent Mark Pryor in a state where voters said “No” to same-sex “marriage” by a whopping margin of 69% to 27%. In North Carolina—the most recent state to adopt a marriage amendment, in 2012—Republican Thom Tillis beat Democratic incumbent Kay Hagan in a state which still opposes a revisionist view of marriage by 57% to 39%. In Louisiana, incumbent Democrat Mary Landrieu in probably in trouble in a December runoff against Republican challenger Bill Cassidy (Louisiana is the most pro-marriage state in the NBC exit polls, opposing a redefinition of marriage by 73% to 25%). In West Virginia, Republican Shelley Moore Capito will replace retiring Democratic incumbent Jay Rockefeller (the state’s voters oppose same-sex “marriage” by a 67% to 31% margin).

Meanwhile, Republican incumbents Mitch McConnell, Tim Scott, and Pat Roberts held off Democratic challengers in Kentucky (against same-sex “marriage” 64%-33%); South Carolina (62%-34%); and Kansas (51%-45%). In Georgia, Republican David Perdue held the seat of retiring incumbent Republican Saxby Chambliss (Georgia voters oppose same-sex “marriage” by 62%-34%).

Only one Democratic Senate candidate was victorious in a state where a majority of voters oppose same-sex “marriage”—incumbent Sen. Mark Warner of Virginia, who narrowly edged out establishment Republican Ed Gillespie (the state says “no” to recognizing same-sex “marriage” by 53% to 45%).

So Democrats fared extremely poorly in states that oppose same-sex “marriage.” Yet it is undeniable that the country is sharply divided on this issue. The 24 states with exit poll results on this issue reported on the NBC website included ten with majorities (and two more with pluralities) against recognizing same-sex “marriage,” eleven with majorities in favor of it, and one (Florida) perfectly mirroring the 48% to 48% tie nationwide.

Some have argued that as public opinion gradually shifts toward more people making peace with same-sex “marriage,” the Republican Party will have to abandon its staunch opposition in order to keep up with the times. Did Republicans who oppose same-sex “marriage” struggle at the polls in the states where majorities of voters reportedly support it?

The answer is no. Joni Ernst of Iowa, Dan Sullivan of Alaska, and Cory Gardner of Colorado are all Republicans who were victorious in key battleground states without endorsing same-sex “marriage,” even though its recognition is reportedly supported by voters in Iowa (50% to 42%), Alaska (55% to 41%) and Colorado (62% to 32%). Scott Brown, on the other hand, lost in New Hampshire (where voters support recognition of same-sex “marriage” by the largest margin reported, 70% to 28%)—despite being endorsed by the pro-homosexual Log Cabin Republicans.

Although not tested by the exit polls, my theory is that even as polls seem to show significant support for the redefinition of marriage, that support is very thin, whereas the opposition is much more deep-seated. In other words, far more of those who express opposition to the redefinition of marriage do so out of deep conviction, and are likely to oppose a candidate based on this issue alone. Many of the 40% of Americans who (according to the exit polls) attend religious services at least once a week probably fall into this category.

On the other hand, much of the expressed support for changing the definition of marriage is just a matter of going along with the perceived cultural tide, rather than a deep conviction. (Indeed, with the recent spate of court rulings in favor of redefining marriage across the country, answering “yes” to the question, “Should your state legally recognize same-sex marriage?” may amount to little more than a declaration that their state should obey rulings of the courts—not that such a definition is the ideal public policy).

The percentage of voters who will oppose a candidate only because he or she refuses to endorse marriage redefinition is probably relatively small—mostly, just the 1.6% of American adults who (according to a recent federal survey) self-identify as gay or lesbian.

In summary, the historic 2014 elections for the Senate demonstrate that supporting the redefinition of marriage and the rest of the pro-homosexual agenda is a loser, and opposing it is a winner, across the country—especially for Republican candidates.

So much for the “rainbow revolution.”

[Below are the exit poll results on marriage for all 24 states where they were reported by NBC News, in order of the most to least opposition to redefining marriage:]

Question: “Should your state legally recognize same-sex marriage?”

State Yes No

Louisiana 25% 73%

Arkansas 27 69

West Virginia 31 67

Kentucky 31 67

Georgia 34 62

South Carolina 34 62

North Carolina 39 57

Ohio 41 54

Virginia 44 53

Kansas 45 51

Michigan 45 49

Pennsylvania 47 49

Florida 48 48

[Total U.S. 48 48]

Wisconsin 52 45

Iowa 50 42

Alaska 55 41

Minnesota 58 39

Illinois 58 38

New York 59 36

California 61 35

Colorado 62 32

Oregon 64 32

Maine 66 32

New Hampshire 70 28

Does the Sexual Predation of Children Have to be Tolerated and Ignored?

by Chris Gacek

November 3, 2014

Police authorities in Rotherham, U.K.(near Sheffield), allowed at least 1,400 children to be sexually exploited and trafficked by members of the local Pakistani community in a period from 1997 to 2013. The authorities did not properly investigate or stop the crimes for fear of being called racist or Islamophobic. A stunning independent report on the crimes and governmental inaction was released in August 2014.

On October 30th, Helen Pidd, the northern editor of The Guardian (U.K.), noted last week in a powerful article that widespread sexual exploitation is taking place in another major English city:

Sexual exploitation of vulnerable children has become the social norm in some parts of Greater Manchester, fuelled by explicit music videos and quasi-pornographic selfies, an MP has warned.
The systematic grooming of boys and girls remains a “real and ongoing problem”, a year after Greater Manchester police (GMP) was forced to admit it had failed abuse victims in Rochdale, said Ann Coffey, a former social worker who is now the Labour MP for Stockport. “My observations will make painful reading for those who hoped that Rochdale was an isolated case,” she writes in a significant report.

In a related article, Ms. Pidd, quotes the senior Crown prosecutor, Nazir Afzal, for the region as saying:

The Muslim community must accept and address the fact that Asian and Pakistani men are disproportionately involved in “localised, street grooming” of vulnerable girls, one of the UK’s most senior prosecutors has said.

Sheffield-Rotherham are not located in the Greater Manchester area. They are different municipalities with similarly horrifying patterns of criminal sexual behavior. (For more on Rotterham, go to this article from the blog, Legal Insurrection.)

My colleague, Cathy Ruse, pulled a few quotes from the executive summary of the August 2014 Rotherham report:

No one knows the true scale of child sexual exploitation (CSE) in Rotherham over the years. Our conservative estimate is that approximately 1400 children were sexually exploited over the full Inquiry period, from 1997 to 2013.
In just over a third of cases, children affected by sexual exploitation were previously known to services because of child protection and neglect. It is hard to describe the appalling nature of the abuse that child victims suffered. They were raped by multiple perpetrators, trafficked to other towns and cities in the north of England, abducted, beaten, and intimidated. There were examples of children who had been doused in petrol and threatened with being set alight, threatened with guns, made to witness brutally violent rapes and threatened they would be next if they told anyone.
Girls as young as 11 were raped by large numbers of male perpetrators.
This abuse is not confined to the past but continues to this day.

Please don’t think that this is not also happening in the United States. Sex trafficking experts tell FRC that activities of this type occur all across America too.

If you don’t believe that the American law enforcement institutions may have little interest or sympathy in sex trafficking, I refer you back a few years to the keelhauling of a young US attorney, Rachel Paulose, in Minneapolis back in 2007. Even an article in a left-wing periodical had to note that Paulose had accomplishments that were typically worthy of praise. The Salon article related an interesting point made by Professor Donna Hughes, one of the leading experts on sex trafficking in America:

But Paulose did have her defenders. For example, there’s Donna Hughes, a professor at the University of Rhode Island, who suggested that Paulose was being attacked because of her prosecution of human trafficking cases.
Asked whether she had any direct evidence that Paulose was targeted because of her office’s efforts against trafficking, Hughes responded, “Rachel Paulose was the leading prosecutor of sex trafficking cases in the U.S. She took over an office where there had previously been no trafficking prosecutions and turned it into the leading one. Therefore, our coalition has serious concerns when a problem erupts that results in her leaving office.”

Let’s all hope that in five to ten years we won’t have to witness the release of a Rotterham-type report on massive, widespread sex-trafficking in the Twin Cities.

Excerpts - Judge Upholds “Principles of Logic and Law” in Backing Natural Marriage in Puerto Rico

by Peter Sprigg

October 23, 2014

U. S. District Court Judge Juan M. Pérez-Giménez issued a ruling on October 21 upholding Puerto Rico’s law defining marriage:

Marriage is a civil institution that emanates from a civil contract by virtue of which a man and a woman are mutually obligated to be husband and wife . . .”

Pérez-Giménez, a Jimmy Carter appointee, was the second District Court judge to stand against the tide of judges who have asserted a constitutional right to “marry” someone of the same sex in the months since the June 2013 ruling of the Supreme Court in United States v. Windsor. (Windsor struck down the portion of the federal Defense of Marriage Act, or “DOMA” which defined marriage for all purposes of federal law as the union of one man and one woman.) Judge Martin L. C. Feldman upheld the Louisiana marriage law on September 3.

The fundamental basis of the opinion by Judge Pérez-Giménez was a simple one, but one that most of the other courts addressing this issue have sidestepped—namely, that there is already binding Supreme Court precedent on whether the U.S. Constitution requires states to permit “marriages” of same-sex couples, and the answer is, “No.”

Following are some excerpts from the strong decision (some citations omitted):

The plaintiffs have brought this challenge alleging a violation of the federal constitution, so the first place to begin is with the text of the Constitution. The text of the Constitution, however, does not directly guarantee a right to same-gender marriage . . .

Without the direct guidance of the Constitution, the next source of authority is relevant Supreme Court precedent interpreting the Constitution. On the question of same-gender marriage, the Supreme Court has issued a decision that directly binds this Court.

The petitioners in Baker v. Nelson [1972] were two men who had been denied a license to marry each other. They argued that Minnesota’s statutory definition of marriage as an opposite-gender relationship violated due process and equal protection – just as the plaintiffs argue here. The Minnesota Supreme Court rejected the petitioners’ claim . . .

The petitioners’ appealed … The Supreme Court considered both claims and unanimously dismissed the petitioners’ appeal “for want of [a] substantial federal question.”

… The dismissal was a decision on the merits, and it bound all lower courts with regard to the issues presented and necessarily decided, Mandel v. Bradley, … (1977) . . .

This Court is bound by decisions of the Supreme Court that are directly on point; only the Supreme Court may exercise “the prerogative of overruling its own decisions.” Rodriguez de Quijas v. Shearson/Am. Express, Inc., … (1989). This is true even where other cases would seem to undermine the Supreme Court’s prior holdings. Agostini v. Felton, … (1997)(“We do not acknowledge, and we do not hold, that other courts should conclude our more recent cases have, by implication, overruled an earlier precedent…”). After all, the Supreme Court is perfectly capable of stating its intention to overrule a prior case. But absent an express statement saying as much, lower courts must do as precedent requires.

… The Supreme Court, of course, is free to overrule itself as it wishes. But unless and until it does, lower courts are bound by the Supreme Court’s summary decisions “‘until such time as the Court informs [them] that [they] are not.’” Hicks v. Miranda, … (1975) … .

The First Circuit expressly acknowledged – a mere two years ago – that Baker remains binding precedent “unless repudiated by subsequent Supreme Court precedent.” Massachusetts v. U.S. Dept. of Health and Human Services, … (1st Cir. 2012). According to the First Circuit, Baker prevents the adoption of arguments that “presume or rest on a constitutional right to same-sex marriage.”

. . .

Windsor does not – cannot – change things. Windsor struck down Section 3 of DOMA which imposed a federal definition of marriage, as an impermissible federal intrusion on state power. The Supreme Court’s understanding of the marital relation as “a virtually exclusive province of the States,” (quoting Sosna v. Iowa, … (1975)), led the Supreme Court to conclude that Congress exceeded its power when it refused to recognize state-sanctioned marriages.

The Windsor opinion did not create a fundamental right to same-gender marriage nor did it establish that state opposite-gender marriage regulations are amenable to federal constitutional challenges. If anything, Windsor stands for the opposite proposition: it reaffirms the States’ authority over marriage, buttressing Baker’s conclusion that marriage is simply not a federal question. Contrary to the plaintiffs’ contention, Windsor does not overturn Baker; rather, Windsor and Baker work in tandem to emphasize the States’ “historic and essential authority to define the marital relation” free from “federal intrusion.” It takes inexplicable contortions of the mind or perhaps even willful ignorance – this Court does not venture an answer here – to interpret Windsor’s endorsement of the state control of marriage as eliminating the state control of marriage.

. . .

Lower courts, then, do not have the option of departing from disfavored precedent under a nebulous “doctrinal developments” test. See National Foreign Trade Council v. Natsios, … (1st Cir. 1999) (“[D]ebate about the continuing viability of a Supreme Court opinion does not, of course, excuse the lower federal courts from applying that opinion.”); see also, Scheiber v. Dolby Labs., Inc., … (7th Cir. 2002) (“[W]e have no authority to overrule a Supreme Court decision no matter how dubious its reasoning strikes us, or even how out of touch with the Supreme Court’s current thinking the decision seems.”)(Op. of Posner, J.).

. . .

IVCONCLUSION

That this Court reaches its decision by embracing precedent may prove disappointing. But the role of precedent in our system of adjudication is not simply a matter of binding all succeeding generations to the decision that is first in time. Instead, stare decisis embodies continuity, certainly, but also limitation: there are some principles of logic and law that cannot be forgotten.

Recent affirmances of same-gender marriage seem to suffer from a peculiar inability to recall the principles embodied in existing marriage law. Traditional marriage is “exclusively [an] opposite-sex institution … inextricably linked to procreation and biological kinship,” Windsor, … (Alito, J., dissenting). Traditional marriage is the fundamental unit of the political order. And ultimately the very survival of the political order depends upon the procreative potential embodied in traditional marriage.

Those are the well-tested, well-proven principles on which we have relied for centuries. The question now is whether judicial “wisdom” may contrive methods by which those solid principles can be circumvented or even discarded.

A clear majority of courts have struck down statutes that affirm opposite-gender marriage only. In their ingenuity and imagination they have constructed a seemingly comprehensive legal structure for this new form of marriage. And yet what is lacking and unaccounted for remains: are laws barring polygamy, or, say the marriage of fathers and daughters, now of doubtful validity? Is “minimal marriage”, where “individuals can have legal marital relationships with more than one person, reciprocally or asymmetrically, themselves determining the sex and number of parties” the blueprint for their design? See Elizabeth Brake, Minimal Marriage: What Political Liberalism Implies for Marriage Law, 120 ETHICS 302, 303 (2010). It would seem so, if we follow the plaintiffs’ logic, that the fundamental right to marriage is based on “the constitutional liberty to select the partner of one’s choice.”

Of course, it is all too easy to dismiss such concerns as absurd or of a kind with the cruel discrimination and ridicule that has been shown toward people attracted to members of their own sex. But the truth concealed in these concerns goes to the heart of our system of limited, consent-based government: those seeking sweeping change must render reasons justifying the change and articulate the principles that they claim will limit this newly fashioned right.

For now, one basic principle remains: the people, acting through their elected representatives, may legitimately regulate marriage by law. This principle

is impeded, not advanced, by court decrees based on the proposition that the public cannot have the requisite repose to discuss certain issues. It is demeaning to the democratic process to presume that the voters are not capable of deciding an issue of this sensitivity on decent and rational grounds … Freedom embraces the right, indeed the duty, to engage in a rational, civic discourse in order to determine how best to form a consensus to shape the destiny of the Nation and its people.

Schuette v. Coalition to Defend Affirmative Action, … (2014)(Op. of Kennedy, J.).

For the foregoing reasons, we hereby GRANT the defendants’ motion to dismiss. The plaintiffs’ federal law claims are DISMISSED WITH PREJUDICE.

IT IS SO ORDERED.

San Juan, Puerto Rico, this 21st day of October, 2014.

S/ JUAN M. PÉREZ-GIMÉNEZ

JUAN M. PÉREZ-GIMÉNEZ

UNITED STATES DISTRICT JUDGE

Cardinal Dolan and the St. Patrick’s Day Parade

by Hon. Bob Marshall

September 8, 2014

New York’s Cardinal Dolan, appointed as Grand Marshal of the 2015 St. Patrick’s Day Parade, praised the decision to allow an openly gay group to march in the St. Patrick’s Day Parade. “I have no trouble with the decision at all … I think the decision is a wise one,” he said.

His action has left many Catholics, including elected officials like myself, puzzled and disheartened especially when we measure Cardinal Dolan’s new policy with that of his predecessor, Cardinal O’Connor.

In 1993, when LGBT groups and government officials demanded that openly homosexual groups be included in the Parade, Cardinal O’Connor vowed in a St. Patrick’s Day sermon that he “could never even be perceived as compromising Catholic teaching. Neither respectability nor political correctness is worth one comma in the Apostles Creed.”

Would Cardinal Dolan, as Parade Marshal, applaud the inclusion of Irish abortion clinic owners or Planned Parenthood employees in a Parade honoring a Catholic Saint? On what logical grounds does he applaud openly LGBT group marchers and reject openly pro-abortion Irish Catholics, including some “Catholic” nuns?

Perhaps organizations which advocate to legalize prostitution and pornography should also be permitted to march? What about promoters of euthanasia for the elderly and disabled or those who champion physician assisted suicide? Where does Cardinal Dolan draw the line?

The St. Patrick’s Day Parade, sponsored by the Irish Catholic Ancient Order of Hibernians under the auspices of and with the blessing of the Catholic Archdiocese of New York, is not a purely secular event, despite the fact that secular politicians participate. It honors a Catholic saint who converted pagans in Ireland away from immoral behavior.

Promoters of homosexual behavior take part in many “gay pride” marches and parades, but these are not events sponsored by the Catholic Church or a Catholic organization. Therein lays the problem.

Same sex “marriage” advocates say they feel marginalized by the Church, yet the Church has been very clear that it is a hospital for sinners, and no one is sinless. Jesus saves us from being “marginalized” by our sin, so long as we seek Him and seek to do His will.

Everyone who rejects God’s word, or who ignores or violates the Ten Commandments (and we all are guilty of that at times) feel “marginalized” but we don’t re-write the commandments to make us feel less marginalized.

News reports indicate that NBC which televises the Parade, New York’s Mayor, Guinness Brewery and others were pressuring the Parade sponsors to include openly LGBT groups. Choosing money over truth is never a good choice.

This situation is not about judging individual souls. God loves all his children, and fortunately He is the only one who judges men’s hearts, but we live in a world of actions that have individual, social and legal consequences. Equality of persons is not the same as equality of behavior. What message does this decision give? Federal judges and policy makers are also influenced by the words and actions of moral leaders.

We do our brothers and sisters no service by pretending that God’s teaching or the “Laws of Nature and Nature’s God” are not as important today or giving the impression that millenia-old truths can change. No one can change Natural Law or the Word of God, written in the blood of Our Savior for our wellbeing and redemption.

God invites us to lead lives of love and peace and joy by following Him. Just as parents seek what is best for the children they love, try to protect them from harm, set limits and standards of good behavior, and hopefully set a good example for them, so too does the Church do the same for Her universal family.

Jesus told His disciples, “Go, teach all nations.” The English words “disciple” and “discipline” come from the same Latin word, “docere” which means “to teach.” Sadly, this action breeds confusion and scandal.

As society continues to disregard what America’s Founders wrote about the laws of Nature and Nature’s God, the moral fabric of our nation is disintegrating to the point of becoming thread bare, unable to hold together even the most basic values upon which our nation was founded. For a Church authority to embrace political correctness at such a time will have consequences which extend far beyond the parade route.

Delegate Bob Marshall
Virginia House of Delegates
Co-Author, Virginia Marriage Amendment approved in 2006 by voters

Truth Matters in Ex-Gay Debate

by Peter Sprigg

August 29, 2014

[Note: A condensed version of this post appeared at The Christian Post on August 28, 2014 under the title, “Ex-Gay Therapy Debate: The Truth Matters.”]

The fact that some people change their sexual orientation from homosexual to heterosexual (some spontaneously as a developmental change, some through religious counseling, and some through professional therapy) is a big problem for the homosexual movement. It seriously undermines the myth that people are “born gay and can’t change” This myth is essential to making the public believe that disapproval of (or even failure to actively affirm and celebrate) men choosing to have sex with men and women choosing to have sex with women is exactly as loathsome as “discrimination” based on race.

The organized ex-gay movement is small and poorly-funded, but it poses such an existential threat to pro-homosexual mythology that homosexual activists have mounted a furious assault upon it. The principal form this assault has taken is the introduction of laws that would ban any and all “sexual orientation change efforts” (or “SOCE”) with minors by licensed mental health providers. This idea was pioneered in California where they originally wanted a ban across the board regardless of age. However, it was concluded that this shocking violation of a long-time ethical principle of client autonomy might be too much to take, so the ban was limited to minors on the grounds of “protecting” children. Such laws have been adopted already in California and New Jersey, but similar bills died in more than a dozen other states over the last year or so.

As noted, “protection of minors” has been a key selling point in the legislatures that have considered these bills, and the threatened loss of licensing has been the legal stick employed. However, the Southern Poverty Law Center (SPLC), a wealthy, left-wing, anti-Christian political advocacy group that was linked to domestic terrorism in federal court, has executed a pincer movement in New Jersey by suing SOCE providers, including unlicensed counselors who work with adults, charging “fraud” under that state’s consumer protection laws.

Most “sexual reorientation therapy” today consists of “talk therapy” — a client simply talking with a counselor about his or her feelings, experiences, relationships with parents and peers, etc. Some therapists add other positive techniques that have been validated in a variety of contexts — not just SOCE.

However, to generate opposition to SOCE, its opponents have reached back decades to techniques some therapists once used called “aversion therapy” — attempting to associate homosexual feelings with some sort of negative stimuli. No one has been able to identify a single therapist actually practicing today who uses “aversive” techniques in SOCE — but that hasn’t stopped homosexual activists from pretending that they do.

In a hearing before the New Jersey legislature, one witness in support of the ban was a young person who is a male-to-female transgender and goes by the name Brielle Goldani. Christopher Doyle is ex-gay, a therapist himself, and a founder of the ex-gay advocacy group Voice of the Voiceless. He was also present at the March 18, 2013 hearing, and described Goldani’s testimony in a piece for WorldNetDaily the following week:

QUOTE

Twice a week I was hooked up to electrodes on my hands,” she said. “I, a child, was shocked repeatedly by people who had my parent’s permission to torture me.” Goldani, now 29, claims that she had no rights when her parents sent her away as a male teenager. She claims that the torture occurred at conversion camp called True Directions. “This is nothing more than legalized child abuse,” claimed Goldani at the hearing.

Having attended and testified at the hearing myself, I was shocked and horrified to hear about such abuse… . So I tracked down Goldani and talked to her on the phone to find out more information.

Goldani claims that an Assemblies of God Church in Columbus, Ohio, ran the True Directions conversion therapy camp:

There were 12 boys, and 12 girls. The first Sunday I was there, I was forced to sit in their church service, which was nothing but hate speech. Then, on Monday, the heavier therapy began. We were forced to masturbate to heterosexual images and soft-core pornography, such as Sports Illustrated swimsuit models. Twice a week, my hands were hooked up to electrodes for two hours at a time while we were shown positive images such as a nuclear family, a female with children, a male construction worker and a female receptionist. I was also subjected to forced IV injections twice a week for two hours each while being made to watch negative images of what they didn’t approve of. … The injections made me vomit uncontrollably. Every Friday and Saturday evening, we were forced to go on ‘flirting dates’ where a camp counselor coached us on how to talk to the opposite sex romantically. … We were also given uniforms to wear, black pants and white shirts for boys, black skirts and white blouses for girls.”

END QUOTE

Doyle wrote in his article, “As a former homosexual and practitioner of Sexual Orientation Change Effort (SOCE) therapy, I had never heard of such inhumane treatment, except from anti-ex-gay activists who often claim that SOCE employs such barbaric methods.” So he did further research to see if he could verify any of Goldani’s account.

The Assemblies of God in Ohio denied that any such camp existed, or that they had ever participated in such activities. The state government of Ohio could find no record that a camp named “True Directions” had ever existed there. Goldani claimed that her family’s church in New Jersey had paid for him to go to the camp for a month and a half, but the pastor of the church scoffed at the idea that they would ever have done such a thing.

Doyle did find one reference to a “gay conversion camp” called “True Directions,” though. It was part of the plot of a fictional 1999 movie called But I’m a Cheerleader, which starred drag queen RuPaul. It would be hard to conclude anything other than that Goldani took the plot of this far-fetched movie, and tried to pass it off as her own life story.

The latest debate over the issue occurred on June 27 at a committee hearing on a bill similar to the California and New Jersey measures that has been introduced in the District of Columbia. You can read my account of the hearing on the Family Research Council Blog, and my testimony on the FRC website.

One of the witnesses at that hearing who testified in support of the proposed ban was Dr. Gregory Jones, who introduced himself as a “gay identified” licensed clinical psychologist who specializes in “Affirmative LGBTQ Mental Health.”

In his testimony, Jones included this quote from a recent article on the SOCE bans that appeared on Time magazine’s website on June 23, 2014:

QUOTE

Sam Brinton says that his father first tried physical abuse to rid his young son of homosexual feelings. When that didn’t work, Brinton’s parents turned to something called reparative therapy. Some of the memories are hazy more than 10 years later, but Brinton does remember the tactics the counselor used. There was talk therapy, about how God disapproved, and there was aversion therapy, during which pictures of men touching men would be accompanied by the application of heat or ice. “It was pretty much mental torture,” Brinton says. “To this day, I still have light pain when I shake hands with another male.”

END QUOTE

I had seen the Time article — and it, in turn rang a bell. The name of Sam Brinton had first come to my attention the week before that, when a piece appeared in Politico that was authored by John Paulk. In the 1990’s and early 2000’s, John and his wife Anne were former homosexuals who worked for Focus on the Family promoting the ex-gay message. In 2003, they fled the spotlight to move to Oregon, where John opened a catering business.

John Paulk has now renounced his ex-gay advocacy and, apparently, returned to homosexuality. (Anne Paulk, his now-estranged wife remains active in the ex-gay movement.)

A sidebar article accompanied John Paulk’s piece in Politico: “Gay-Conversion Therapy: How It Works (Or Doesn’t),” By Elizabeth F. Ralph.

It included this:

QUOTE

Electroconvulsive Therapy

One former patient described his course of electroconvulsive therapy, in use today, as “The Month of Hell.” The treatment, he told the Huffington Post, “consisted of tiny needles being stuck into my fingers and then pictures of explicit acts between men would be shown and I’d be electrocuted.”

END QUOTE

This refers to Samuel Brinton, a Kansas State student whose story was reported almost three years ago in the Huffington Post:

QUOTE [emphasis added]

I grew up as the son of Southern Baptist missionaries and without knowing what the word “gay” was (we just called them abominations) I asked my father why I was feeling attracted to my best friend, Dale. I don’t remember the second punch but I do remember waking up in the emergency room for the third time asking the doctors not to send me back and telling them that I had not fallen down the stairs again. When “punching the gay out” didn’t work we moved to conversion therapy. Being told I had AIDS and was going to die if the government found me was only the beginning. I would be strapped down with blocks of ice or heating pads placed on my hands while pictures of men holding hands were shown. The conversion ended when I told my parents I was straight to stop the electrocution by needles in my fingers while gay sex acts where shown to me. When I would later come back out to them for a second time I was told never to walk back in that house if I wanted to walk out alive.

I tell you the story of my conversion therapy not for dramatic effect but to explain why I do what I do. I cannot let another child go through that torture because their parents think this is the only way to have a normal child.

END QUOTE

Brinton received an award from “Campus Pride,” the college LGBT group, for sharing his horror story of therapy. This report was so shocking that even some pro-“gay” media tried to verify this report — and couldn’t.

Even Wayne Besen, the most rabid “anti-ex-gay” activist, refused to use his story because it remains unverified. Here’s the full statement Besen posted in the comments section of the Queerty article which questioned Brinton’s story.

QUOTE [emphasis added]

Wayne Besen

Samuel came forward and told a story presumably in an effort to help others. There are groups like mine who would be thrilled to use his example to demonstrate the harm caused by “ex-gay” therapy. We live for real life examples like this.

However, until he provides more information to verify his experience, he makes it impossible for us to use him as an example. Indeed, it would be grossly irresponsible for us to do so.

If a group like mine puts out or promotes a story that turns out to be exaggerated or fake, the religious right would rake us through the coals and by extension the entire LGBT community. This would cast an ominous shadow on all of the legitimate ex-ex-gay testimonies that have helped so many people come out of the closet.

So, for the sake of the movement he is trying to help — it is critical that Sam reveal exactly who the therapist was that tortured him. He could do this publicly or privately, but we need more information before we can use his narrative.

We very much hope he will provide enough information so we can help people by sharing his compelling story.

Sincerely,

Wayne Besen

Truth Wins Out

Oct 11, 2011 at 8:51 pm

END QUOTE

Here is part of Brinton’s reply to Besen:

QUOTE

I was indirectly in contact with Wayne and although I know he wants me to send the information of the therapist that is simply not an option. Counselor after counselor has seen me revert to near suicidal tendencies when I try to dig deep into the memories of that time and I simply don’t have his name. I can picture him clear as day in my nightmares but his name is not there. The movement can’t use me I guess.

I have no problem with people not believing my story. It is not for me to try to prove. I don’t want to be the poster-child of the anti-conversion therapy movement since graduate school at MIT is plenty tough as it is.

. . .

Oct 14, 2011 at 2:11 am

END QUOTE

Brinton’s memory does not seem to have gotten any better since 2011, since Time reports “Some of the memories are hazy more than 10 years later.” And he seems to have dropped the claim that he was electrocuted as part of his therapy (or perhaps even Time thought that strained credulity). Yet what even Wayne Besen said would be “grossly irresponsible” (using Brinton as an example), Time is perfectly willing to do, thus making Brinton exactly what he coyly claimed he didn’t want to be — “the poster-child of the anti-conversion therapy movement.”

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