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April 21, 2014

Andrew Silow-Carroll: Passoverkill? Suggestions to make next year's seders even more culturally sensitive

Sara Israelsen Hartley: Seeking the Divine: An ancient connection in a new context

Christine M. Flowers: Priest's execution in Syria should be call to action

Courtnie Erickson: How to help kids accept the poor decisions of others

Lizette Borreli: A Glass Of Milk A Day Keeps Knee Arthritis At Bay

Lizette Borreli: 5 Health Conditions Your Breath Knows Before You Do

The Kosher Gourmet by Betty Rosbottom Coconut Walnut Bars' golden brown morsels are a beautifully balanced delectable delight

April 18, 2014

Rabbi Yonason Goldson: Clarifying one of the greatest philosophical conundrums in theology

Caroline B. Glick: The disappearance of US will

Megan Wallgren: 10 things I've learned from my teenagers

Lizette Borreli: Green Tea Boosts Brain Power, May Help Treat Dementia

John Ericson: Trying hard to be 'positive' but never succeeding? Blame Your Brain

The Kosher Gourmet by Julie Rothman Almondy, flourless torta del re (Italian king's cake), has royal roots, is simple to make, . . . but devour it because it's simply delicious

April 14, 2014

Rabbi Dr Naftali Brawer: Passover frees us from the tyranny of time

Greg Crosby: Passing Over Religion

Eric Schulzke: First degree: How America really recovered from a murder epidemic

Georgia Lee: When love is not enough: Teaching your kids about the realities of adult relationships

Cameron Huddleston: Freebies for Your Lawn and Garden

Gordon Pape: How you can tell if your financial adviser is setting you up for potential ruin

Dana Dovey: Up to 500,000 people die each year from hepatitis C-related liver disease. New Treatment Has Over 90% Success Rate

Justin Caba: Eating Watermelon Can Help Control High Blood Pressure

The Kosher Gourmet by Joshua E. London and Lou Marmon Don't dare pass over these Pesach picks for Manischewitz!

April 11, 2014

Rabbi Hillel Goldberg: Silence is much more than golden

Caroline B. Glick: Forgetting freedom at Passover

Susan Swann: How to value a child for who he is, not just what he does

Cameron Huddleston: 7 Financial Tasks You Should Tackle Right Now

Sandra Block and Lisa Gerstner: How to Profit From Your Passion

Susan Scutti: A Simple Blood Test Might Soon Diagnose Cancer

Chris Weller: Have A Slow Metabolism? Let Science Speed It Up For You

The Kosher Gourmet by Diane Rossen Worthington Whitefish Terrine: A French take on gefilte fish

April 9, 2014

Jonathan Tobin: Why Did Kerry Lie About Israeli Blame?

Samuel G. Freedman: A resolution 70 years later for a father's unsettling legacy of ashes from Dachau

Jessica Ivins: A resolution 70 years later for a father's unsettling legacy of ashes from Dachau

Kim Giles: Asking for help is not weakness

Kathy Kristof and Barbara Hoch Marcus: 7 Great Growth Israeli Stocks

Matthew Mientka: How Beans, Peas, And Chickpeas Cleanse Bad Cholesterol and Lowers Risk of Heart Disease

Sabrina Bachai: 5 At-Home Treatments For Headaches

The Kosher Gourmet by Daniel Neman Have yourself a matzo ball: The secrets bubby never told you and recipes she could have never imagined

April 8, 2014

Lori Nawyn: At Your Wit's End and Back: Finding Peace

Susan B. Garland and Rachel L. Sheedy: Strategies Married Couples Can Use to Boost Benefits

David Muhlbaum: Smart Tax Deductions Non-Itemizers Can Claim

Jill Weisenberger, M.S., R.D.N., C.D.E : Before You Lose Your Mental Edge

Dana Dovey: Coffee Drinkers Rejoice! Your Cup Of Joe Can Prevent Death From Liver Disease

Chris Weller: Electric 'Thinking Cap' Puts Your Brain Power Into High Gear

The Kosher Gourmet by Marlene Parrish A gift of hazelnuts keeps giving --- for a variety of nutty recipes: Entree, side, soup, dessert

April 4, 2014

Rabbi David Gutterman: The Word for Nothing Means Everything

Charles Krauthammer: Kerry's folly, Chapter 3

Amy Peterson: A life of love: How to build lasting relationships with your children

John Ericson: Older Women: Save Your Heart, Prevent Stroke Don't Drink Diet

John Ericson: Why 50 million Americans will still have spring allergies after taking meds

Cameron Huddleston: Best and Worst Buys of April 2014

Stacy Rapacon: Great Mutual Funds for Young Investors

Sarah Boesveld: Teacher keeps promise to mail thousands of former students letters written by their past selves

The Kosher Gourmet by Sharon Thompson Anyone can make a salad, you say. But can they make a great salad? (SECRETS, TESTED TECHNIQUES + 4 RECIPES, INCLUDING DRESSINGS)

April 2, 2014

Paul Greenberg: Death and joy in the spring

Dan Barry: Should South Carolina Jews be forced to maintain this chimney built by Germans serving the Nazis?

Mayra Bitsko: Save me! An alien took over my child's personality

Frank Clayton: Get happy: 20 scientifically proven happiness activities

Susan Scutti: It's Genetic! Obesity and the 'Carb Breakdown' Gene

Lecia Bushak: Why Hand Sanitizer May Actually Harm Your Health

Stacy Rapacon: Great Funds You Can Own for $500 or Less

Cameron Huddleston: 7 Ways to Save on Home Decor

The Kosher Gourmet by Steve Petusevsky Exploring ingredients as edible-stuffed containers (TWO RECIPES + TIPS & TECHINQUES)

Jewish World Review August 6, 2010 / 26 Menachem-Av, 5770

Judge Walker's Clinic in the Power of Words To Deceive

By David Limbaugh




http://www.JewishWorldReview.com | Judge Vaughn R. Walker's opinion purporting to strike down California's Proposition 8 ballot initiative banning gay marriage is a screaming advertisement against the appointment and confirmation of renegade judicial activists like Elena Kagan.

The labyrinth of twisted reasoning Walker constructs in his opinion is a testament to the depth of deceit that inhabits the modern left's thought processes. The thinking is so bizarre I can only conclude it is the outworking of the spiritual warfare that hotly rages beneath our sensory perception. It is sheer madness!

Just read the sections of the judge's conclusions of law, "The Right To Marry Protects an Individual's Choice of Marital Partner Regardless of Gender," as an illustration of the power of words to deceive.

Walker first cites a line of cases affirming the principle that the freedom to marry is recognized as a fundamental right protected by the due process clause. He next asks whether the homosexual plaintiffs seeking to marry are asserting a new right or the same right as heterosexual couples. So far so good. But then he gives us a clinic in how a clever sophist can use words to minutely describe trees in a way that renders the forest they constitute completely unrecognizable.

He seeks to deconstruct (and then reconstruct) the definition of traditional marriage by describing its constituent elements and showing how those elements can be applied equally to heterosexual marriage and same-sex marriage, thus concluding there is no difference between the concepts. It's as if he compared my DNA with any of yours and concluded that because 99.9 percent of human DNA is the same in everyone, you and I are the same person.

Walker takes the various principles the courts have enunciated through the years concerning marriage and the right to marry, labors to show there's no logical reason to differentiate in the application of these principles between heterosexual marriage and same-sex marriage and, presto chango, concludes that these legal precedents demand that the definition be changed to conform to his worldview. All the while, he denies he's changing anything.

He states, for example, that "marriage has retained certain characteristics throughout the history of the United States." It requires that two parties "give their free consent to form a relationship, which then forms the foundation of a household," and that "the spouses must consent to support each other and any dependents." He cites case law affirming that "the state regulates marriage because marriage creates stable households, which in turn form the basis of a stable, governable populace," and that "the state respects an individual's choice to build a family with another and protects the relationship because it is so central a part of an individual's life."

Because he believes these statements can be applied equally to homosexual unions, such unions, in his opinion, also fit our concept of marriage. The problem with that is that he can't artificially extend to homosexual unions ideas that were, by their context, intended to apply only to heterosexual marriage. The fact that two types of unions contain certain similar attributes does not negate the fact that at their core, those unions are fundamentally different. For example, just because heterosexual unions also include the free consent of both parties doesn't mean the court can be read to have equated those unions to heterosexual marriage. Similarly, the courts' statements about respecting an individual's choice to build a family cannot be retrofitted to apply to a nontraditional family of the "Heather has two mommies" variety.

Though Walker concedes that marriage in the United States traditionally has not been open to same-sex couples, which he cleverly mis-describes as a "tradition of exclusion," he insists our society has evolved and with it so has our "understanding of gender." He says that because our understanding of gender has evolved, we do not fundamentally change the definition of marriage by including same-sex unions within its scope. "The exclusion exists as an artifact of a time when the genders were seen as having distinct roles in society and in marriage. That time has passed."

But in the United States, marriage has always been legally defined as between man and woman, and the reasons for that are so fundamental in our culture and legal tradition that they do not need to be broken down into constituent parts. A man and a woman are the constituent parts of a marriage and do not lend themselves to further dissection.

Of course same-sex marriage proponents are advocating a fundamentally new right, and to argue otherwise does not pass the laugh test. So no matter how elaborately Judge Walker spins his web of deceit — probably self-deceit as much as deceit of others — he cannot alter the definition of marriage to fit his personal biases. And it's scandalous that he has tried and, in the process, has thwarted the rule of law and the sovereignty of the people.

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David Limbaugh, a columnist and attorney practicing in Cape Girardeau, Mo. Comment by clicking here.


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