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February 10, 2012
Lisa M. Krieger: Man with defibrillator demands access to his own heart's information
David G. Savage: Why activists may not be in a hurry to have High Court rule on alternative marriage
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Kimberly Palmer: How to actually enjoy -- relaxing, financially -- your vacation
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Warren Richey: Why momentous Prop. 8 ruling might not satisfy gay-rights groups
Menachem Wecker: Though Controversial, LL.M.'s Can Lead to Specialized Legal Jobs
The Kosher Gourmet byDana Velden: Going to the bother of making soup? You know it better be good. This CREAM OF TOMATO SOUP certainly is! And it's a cinch to make, too (Includes techinques and serving secrets)
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Suzanne Bohan: Leaping lizards! Tiny reptiles advancing robot design
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Jeffrey Fleishman: In newly democratic Egypt, tens of democracy activists jailed, to stand trial; their groups are 'threatening the stability of the homeland'
Julie Deardorff : Researchers say antioxidants may not be that effective and could do more harm than good
Mark Clayton: How did Anonymous hackers eavesdrop on FBI and Scotland Yard?
February 3, 2012
Edmund Sanders : Israeli official says Iran is creating missile that could reach East Coast of US
Victoria Kim: Immigrant-smuggling ring used black drivers to avoid racial profiling
February 2, 2012
Jim Carney: Wrong number call may have saved her life
Reza Kahlili : Ex-CIA spy in Iran's Revolutionary Guard: What Obama doesn't grasp about striking deals with Tehran
Tina Susman: For woodchuck rescuer, every day is Groundhog Day
February 1, 2012
Brian Bennett: US officials see increasing threat of domestic attack from Iran
Emily Brandon: How to Take Advantage of New 401(k) Fee Disclosures
January 31, 2012
January 30, 2012
Paul Richter and Ramin Mostaghim: Misreading Teheran's limits -- deadly and economically devastating as they may be -- is a risk administration, Europe seem willing to take
Suzanne Bohan: Warning: Nap-deprived tots missing more than sleep, study finds
Meg Handley: Banks Revamping Rewards Programs to Woo Customers
January 27, 2012
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Yochonon Donn: In liberal New York City, fervently-Orthodox Jews may soon be getting a district to call their own
Jeannine Stein: An inflated ego and thinking you're 'all that' doesn't just make others sick of you, it can make you ill
Katy Hopkins: New budget rules may affect how much money you get for college
January 26, 2012
Ed Koch: To the New York Times, calling for the murder of Jews by those capable of having their incitement taken seriously isn't news
Jeannine Stein: Mental illness struck one in five U.S. adults in 2010: Report
January 25, 2012
Richard Simon: House passes two bills endorsing the use of religious symbols at military memorials
Fred Weir: Putin: Multiethnic Russia cannot survive as a US-style 'melting pot'; must find its own way
Susan Johnston: 5 Sneaky Coupon Strategies Consumers Should Watch Out For
January 24, 2012
Carol Clark: The price of your soul: How your brain decides whether to 'sell out'
Caroline B. Glick: America lost most in 'Arab Spring'. Sadly, many voters still don't grasp the extent
Warren Richey: Drug criminal scores win in GPS ruling from conservative-leaning high court
Erika Bolstad: Black conservatives gather to talk about gaining strength
January 23, 2012
Melissa Dribben: Jewish voters to play a key role in Florida's Republican primary
Jordan Rau: In quest to grow, Catholic hospital system will announce this morning its break from church
Ali Safi: U.S. envoy gives Taliban terms for peace talks
January 19, 2012
January 18, 2012
January 17, 2012
Frank J. Gaffney Jr.: No-kidding red lines: U.S. response to an Iranian nuke may be bluster, but Israel's won't be
David G. Savage: They sued their principals after slandering them online --- now the cases are headed to the Supreme Court
David Francis: Where to Invest in 2012: With stocks expected to rebound, opportunity abounds for investors
January 13, 2012
Ben Lynfield: Israeli lawmakers move to annex Jewish Judea, one museum at a time
Alexia Elejalde-Ruiz: Thriving through touch: Gentle massage helps older people with low mobility improve in mind and body
January 12, 2012
Warren Richey: Landmark Supreme Court ruling a 'resounding win' for religious groups
Warren Richey: Supreme Court says no to new rule on eyewitness testimony
John Fauber : Statins found to raise diabetes risk in postmenopausal women
Katy Hopkins : Consider This Before You Pay for an Online Degree
The Kosher Gourmet by Joseph Erdos: This mushroom and barley soup has an intense -- almost nutty -- flavor that mixes robust with Middle East. It has creaminess without cream
January 11, 2012
Shari Roan: Millions of atrial fibrillation sufferers at risk for devastating, but preventable, stroke
Tom Hussain: Pakistan -- recipient of more than $21 billion in civilian and military aid -- speeds pursuit of Iranian pipeline, defying US
David G. Savage: High court signals it won't be loosening TV's 'indecency' rules
Stephen Ceasar: Oklahoma's Islamic law amendment can't go into effect, court rules
January 10, 2012
Reza Kahlili: From an ex-CIA spy: US must exploit new split in Iran's Revolutionary Guard
Karen Kaplan: Study: Nicotine replacement products ineffective when used in real-life situations
January 9, 2012
Michael Doyle: Put through legal hell over dream home, couple fought back hard --- all the way to Supreme Court
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Jewish World Review
May 27, 2009
/ 4 Sivan 5769
The People's Right! to Self-Governance
By
Debra J. Saunders
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http://www.JewishWorldReview.com |
Within a decade, same-sex marriage probably will be legal in
California. Thanks to the California Supreme Court 6-1 ruling on Tuesday to
uphold Proposition 8, the law will be changed in the proper way not by
judicial fiat, but with California voters determining whether, when and how
best to broaden the state's marriage laws.
In a 4-3 decision last May, the court had ruled that
California's ban on same-sex marriage was unconstitutional, as the state's
civil-union laws conferred "significantly unequal treatment" for same-sex
couples by denying them the right to call themselves married. In November,
voters struck back by passing, with 52 percent of the vote, Proposition 8,
which changed the state Constitution to define marriage as between a man and
a woman.
Tuesday, the state Supreme Court did what it had to do by
recognizing the people's new constitutional mandate.
As Chief Justice Ronald George wrote in the majority opinion,
the issue before the court was the "right of the people" to change the state
Constitution not "to determine whether the provision at issue is wise or
sound as a matter of policy or whether we, as
individuals, believe it should be a part of the
California Constitution." The court also upheld the 18,000 same-sex
marriages performed in California between May and November, as Proposition 8
was not retroactive.
Gay-rights advocates have denounced the 6-1 ruling as stripping
away their equal rights. Nonsense. California same-sex marriage never was
equal because federal law failed to recognize same-sex unions. Besides, as
George noted, under Proposition 8 "same-sex couples continue to enjoy the
same substantive core benefits afforded by those state constitutional rights
as those enjoyed by opposite-sex couples."
Some activists may choose to berate Proposition 8 supporters as
haters and bigots, but they do so at the cost of coming across as haters
themselves.
Besides, the legal arguments against Proposition 8 were not so
high-minded. Opponents argued that Proposition 8 constituted a "revision" of
the state Constitution and hence required a two-thirds vote of the
Legislature or constitutional convention to make it onto the ballot. In the
name of one group's civil rights, Proposition 8 opponents were happy to
strip Californians of their right to control their state Constitution.
On hearing of the court's decision, Shannon Minter, legal
director of the National Center for Lesbian Rights, announced, "But our path
ahead is now clear. We will go back to the ballot box and we will win."
He certainly has the right to take his group's case before
voters. But if gay activists want the support of the majority of
Californians, they should exhibit some respect and tolerance toward those
with whom they disagree.
Since 2004, when San Francisco Mayor Gavin Newsom opened up City
Hall to same-sex marriages in violation of state law, same-sex marriage
supporters have demonstrated that if they didn't like a law, they could
break it. Then, when the California Supreme Court ruled in their favor in
2008, Newsom famously crowed, "This door's wide open now. It's going to
happen whether you like it or not."
After Proposition 8 passed, opponents targeted citizen donors to
the "yes" campaign for harassment. Their threats of retaliation and
boycotts which forced a handful of Proposition 8 donors to resign from
their private-sector jobs fed the suspicion that if same-sex marriage is
legalized, any dissent against the practice would not be tolerated.
And their selectivity has been breathtaking. After all, Barack
Obama ran for president in support of civil unions, not same-sex marriage.
Yet as activists picked on relatively small Proposition 8 donors who did not
have the clout to fight back, somehow Obama can keep his job.
Every weekday JewishWorldReview.com publishes what many in the media and Washington consider "must-reading". Sign up for the daily JWR update. It's free. Just click here.
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Debra J. Saunders Archives
© 2009, Creators Syndicate
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