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by Helen Alvaré, J.D., Senior Fellow in Law
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It is well-known by now that the effort to overturn California’s
Proposition 8 lost at the California Supreme Court. Proposition 8 is
the citizens’ initiative which overturned that same court’s prior
decision ‘finding” a right to same-sex “marriage” within the California
Constitution. Gay rights’ reaction to the latest court ruling has
included calls for another citizen vote on the subject in 2010.
Leading same-sex marriage proponents have not tended to support the
alternative strategy of bringing their cause before a U.S. federal
court. The U.S. Constitution gives the federal courts jurisdiction to
hear claims that state action violates federal constitutional
guarantees. In the case of same-sex marriage, plaintiffs would argue
before a federal court that state laws reserving marriage for
opposite-sex couples violates both the Due Process and Equal Protection
clauses of the 14th Amendment of the U.S. Constitution.
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06/16/2009
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by Helen Alvaré, J.D., Senior Fellow in Law
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It must be said first that the Iowa Supreme Court decision (Varnum v.
O’Brien, No. 07-1499, April 3, 2009) which invented a state
constitutional right to same sex “marriage” is very hard to read. By
this I don’t mean to say that it is intellectually complex for any
reader possessing legal training. I mean that it is hard on a rational
reader’s desire for logic and hard on a fair reader’s sense of
justice. It is hard for those who know something about U.S.
constitutional law or family law because seven out of seven of Iowa’s
Supreme Court justices summarily jettisoned or ignored much of the
accumulated wisdom in both of those fields. It is particularly hard on
those who, like me, suspect that some government leaders -- in this
case judges -- care far too much for fickle public opinion and far too
little for children. All of our suspicions are confirmed. It is hard
because the Iowa judges openly shake their collective finger at people
who won’t support same sex “marriage,” characterizing such people as
bigots and as obstacles to progress. Finally, it is hard to read the
Iowa Supreme Court’s swipe at some religions (you can guess which
ones), and its suggestion that people of faith who are on the wrong
side of this question, should remember their “place.”
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04/23/2009
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by Helen Alvaré, J.D., Senior Fellow in Law
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I have noticed a critical mass of scholars and policymakers suggesting
lately that if mothers of minority- aged children (under 18) really
felt free to choose their work/home “balance,” they would choose to
work outside the home for more hours than they are presently working.
Consequently, this argument continues, the government might have to
step in to give them what they really want by means of some combination
of laws and policies pushing and pulling them out of the kitchen and
into the office, factory, etc.
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03/31/2009
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by Helen Alvaré, J.D., Senior Fellow in Law
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Occasionally, there is a flurry of media attention to the issue of
“responsible fatherhood.” Promise Keepers will gather thousands of
men at a rally or Bill Cosby will call on Black men to get more
involved. But there’s much more to the modern “fatherhood” issue than
these discrete news items. The federal government has its own
fatherhood initiative, which sponsors studies and projects intended to
encourage men to be stable, involved fathers. States, cities, and
churches too, are participating in these efforts. Sociological and
other scientific journals – including the journals Fatherhood and Sex
Roles – are monthly publishing the results of empirical studies about
the role of the father, or about the relationships between fathering
and child outcomes. Chances are, too, that the sociology or psychology
department at your local university is participating in one or more of
these.
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02/12/2009
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by Helen Alvaré, J.D., Senior Fellow in Law
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It is well-known by now that Californians voted November 4 to ban “same-sex marriage” in their home state. By a vote of 52% to 48%, voters passed a ballot initiative successfully titled by its “enemies” as an initiative to “Eliminate the Right of Same Sex Couples to Marry.” The verb “eliminate” was used to refer to the fact that an earlier decision of the California Supreme Court (In re Marriage Cases, 43 Cal. 4th 757, (2008)) had discovered in the California Constitution’s equal protection clause a “right of marriage” for same-sex couples, albeit acknowledging that “marriage” in California up to that time had always connoted the union of one man and one woman.
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12/03/2008
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by Helen Alvaré, J.D., Senior Fellow in Law
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A review of both presidential candidates’ platforms and speeches tells us a lot of importance about where both stand regarding the crucial topics of marriage and family. Often, one has the sense that for both candidates, “family” is a group of persons who happen to be the convenient receptacle channeling the delivery of whatever government benefits each is promising.
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10/30/2008
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by Denise M. Burke
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Denise M. Burke is the Vice President & Legal Director, Americans United for Life
Over the last few decades, abortion advocates and others have launched a concerted campaign to force hospitals, healthcare institutions, health insurers, and individual healthcare providers to provide, refer for, or pay for elective abortions, abortifacient drugs, contraceptives, assisted reproductive procedures such as in vitro fertilization, and sterilizations. Their determined effort to eviscerate the concept of individual conscience and the freedom to follow one’s religious, moral or ethical beliefs from the medical profession has resulted in the following:
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05/16/2008
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by Elizabeth Moncher, MS, MSW
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Paul E. Rondeau’s social marketing research provides an in depth look at the psychological conditioning efforts of the anti-life movement that have been employed in the secular media, classroom and popular culture. Culture of Life's Elizabeth Moncher touches upon the key areas of social conditioning found among our youth in an interview with Mr. Rondeau.
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05/16/2008
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by Maggie Datiles, Esq. Staff Attorney, Americans United for Life
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The on-going court battle in Illinois over the state’s permanently-enjoined parental notification law has once again brought parental involvement laws to the forefront of the cultural and legal fight against abortion.
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04/18/2008
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by Joe Capizzi, Ph.D.
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This time is now for a Constitutional Convention.
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06/07/2006
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by Bill Saunders, Esq.
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A broad coalition of religious leaders have taken a stand for traditional marriage and asserted that words have meaning and are not endlessly malleable in the service of partisan causes.
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05/04/2006
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by Mark Adams
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An unprecedented coalition of religious leaders, including 16 Catholic bishops, have joined together in calling for a Constitutional amendment defining marriage as the union of one man and one woman. A letter released this week calling for such an amendment was signed by 50 religious leaders and included clerics from the Catholic Church, seven Protestant denominations, the Eastern Orthodox Church, Judaism and the Church of Jesus Christ of Latter-day Saints.
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04/26/2006
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by Mark Adams
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An important Senate committee says in a new policy paper that if a Constitutional amendment defining marriage as the union of one man and one woman is not passed, state and federal courts may eventually impose same-sex marriage. The paper says that advocates of same-sex marriage plan to challenge state marriage laws producing a patchwork of laws across the country that "will inevitably end up playing out in the courts, as same-sex marriage puts new stresses on the legal system."
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04/05/2006
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Save the Date:
Culture of Life Foundation's 2nd Annual
William E. May
Award for Promoting Ethics and the Human Person
September, 2009
Washington, DC
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