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Fred Thompson Proposes Marriage Amendment to Restrain Judges
The New York Sun ^ | Fri, 7 Sep 2007 | Ryan Sager

Posted on 09/07/2007 10:41:59 AM PDT by Josh Painter

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To: WOSG
“I didn’t need a State-issued license when I signed a contract for my cell phone service”
- The fact that the contract *IS* legally binding and can be taken to court when needed punctures a hole in your argument. Government *is* involved even there, so this “get the Govt out of it” is complete and utter folly.

My point is that I didn't need a license before entering into that contract. The government only gets involved after the fact if one party alleges a breach of the contract. Why is marriage any different? It's a contract between two consenting parties. The government's only interest should be if a breach of contract is alleged by one of those parties.

Get government out of the business of sanctioning a religious ceremony and this problem goes away. 

Without marriages, the raising of children in society becomes weakened. Social morality becomes frayed.

There's no evidence to support that claim. What we experience in this country with the kind of family/social breakdown you describe isn't the result of people "shacking up"; it's the result of government interfering with them. When government becomes daddy, you get the problems we see today. A century ago, government didn't step in to save the day when people made stupid mistakes. They were allowed to get through those mistakes on their own. It's the only way to learn from mistakes. Instead, government prevents them from learning and the cycle continues. This is yet another example of government being the problem, not the solution. Conservatives should see this almost instinctively.

81 posted on 09/07/2007 5:16:33 PM PDT by Redcloak (The 2nd Amendment isn't about sporting goods.)
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To: Redcloak

Fred simply blunders away on this issue his chance to be THE candidate who could have brought economic and social conservatives together.

He had the bulk of the national pro-family movement ready to individuall sign on with him until he decided to align himself with Hillary and Obama and McCain and Rudy in supporting the “right” of states to come up with 50 different definitions of marriage.

Homosexual “marriage” in California and Vermont and Connecticut and Massachusetts and New York and New Jersey?

Polygamy in Utah?

And how did Fred explain his “judges are the only problem” solution?

Today in Iowa:

“I don’t think it’d ever happen. I think the chances of gay marriage in law passing in any state in this country, by their legislature, is virtually zero.”

http://www.latestpolitics.com/blog/2007/09/political-video-of-the-day-fred-1.html

Sorry, Fred, it’s not “virtually zero.” It’s 100 percent certain.

Fred has spent a lot of time in Hollywood. How did he possibly miss the FACT that the California Legislature — two years ago yesterday, in fact — already did approve full-fledged homosexual “marriage.”

Thankfully, Ah-nold vetoed it. But as soon as CA has another Dem gov, homosexual “marriage” will become law in CA by legislative action, not judicial fiat.

That is, unless the N.J., Vermont, or N.Y. legislatures beat them to it first. Pro-family activists in N.J. say if Repubs don’t win two key state Senate seats in Nov 07, eight weeks from now, N.J. will legislatively approve homosexual “marriage.”

Fred’s detachment from reality on this issue does not inspire confidence.


82 posted on 09/07/2007 5:43:57 PM PDT by AFA-Michigan
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To: WOSG
I'm not sure I understand his position entirely. Is he backing away from the DOMA that he voted for? The FMA would essentially write that into the constitution so that judges can't mess with it.

Maybe I misunderstood his statement. I do not see how he can allow states to call homosexual unions marriage without getting into federal issues like taxes and benefits. If he means they can offer state benefits under another name so that it doesn't violate the federal definition then we are talking about the same thing as the FMA. If we are talking about getting rid of the federal DOMA in favor of something which allows states to grant homo marriage including federal benefits, then that's bunk and I won't support it. The federal definition needs to stay as it is.

83 posted on 09/07/2007 6:37:11 PM PDT by The Ghost of FReepers Past (Woe unto them that call evil good, and good evil; that put darkness for light..... Isaiah 5:20)
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To: newzjunkey
If one state can call homosexual unions marriage then what about federal marriage benefits? What about federal taxes? How can you have them married in one state filing federal taxes jointly and then with their move to another state they are considered single again? How do they even reference last years taxes for accounting purposes?

What about social security? Etc.

84 posted on 09/07/2007 6:42:01 PM PDT by The Ghost of FReepers Past (Woe unto them that call evil good, and good evil; that put darkness for light..... Isaiah 5:20)
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To: The Noodle; hoosierpearl; Dilbert San Diego; rogue yam; PeterPrinciple; ...
>>>Along with restraining state judges, the amendment Mr. Thompson is proposing would also mandate that no state be forced to recognize gay marriages from other states<<<

No. Either this doesn't make a lick of sense or Thompson didn't answer the question, which was what role the federal government has in defining marriage. He's either referring to an amendment to the Iowa constitution or proposing the most convoluted and twisted amendment in the US Constitution. A real federal marriage amendment wouldn't require the language about others states not needing to recognize gay marriages from other states. Marriage would be defined, and that would be that.

What Thompson looks like he is doing is opening up a can of legal worms. He might say that one state doesn't have to recognize another's marriage laws, but he had better say "gay marriage laws" (and I don't even think that would stand legally speaking). Because if he doesn't, what if a federal judge comes along and declares that gays have the right to marry under the protections provided by the US Constitution? At that point, other states might not need to respect the marriage laws of other states, but that ruling would essentially make unconstitutional the laws and constitutions of states that prevent gays from marrying.

And this is of course the obvious argument against letting states define the issue through their laws and constitutions. All it takes is one federal judge (or ruling) to blow the whole thing to pieces and redefine marriage across the whole nation. And I could very easily see it happening through a very liberal interpretation of the 14th amendment. If you at all support traditional marriage, it's an incredibly myopic argument to declare that this should be left up to the states, especially given the actions of federal and judges in general as of late. A very dangerous and a very stupid one. Make no mistake about it, the gay lobby is fighting to be recognized under the 14th-amendment, and proposal leaves the door wide open.

Again, whatever argument Thompson is trying to make, he's leaving the door wide open for a federal judge to muck everything up. This isn't common sense. This is dogmatic adherence to a philosophy that simply doesn't address the scope of this problem.

And as Thompson further delineates what the heck he's talking about, I guess we can critique. Right now, this is a bunch of gobbley-gook. And poorly thought-out gabbly-gook by my estimation.
85 posted on 09/07/2007 7:20:43 PM PDT by CheyennePress (Tennesseean for Romney)
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To: Redcloak

1. Marriage is different from your cell phone contract because family and the raising of the next generation is a bit more important than your ability to get a mobile call.
2. government is indeed involved in breach of contracts anyway so the removal of a standard legal definition of marriage helps NOBODY and doesnt remove the government from adjudicating conflicts arising AT ALL. If you are married and get divorced, there are rules for who gets the property and kids... if you shack up, there are only those rules that are imposed willy-nilly.
3. You are taking the libertarian position, which is usually fine for purely economic matters but fits as well as a square peg in a round hole for cultural matters like this. Yes, people with their own personal lawyer could craft a ‘marriage contract’ as good as the current law, but young kids in real life dont have that option. Either govt provides structure for better cultural behavior and outcomes or it wont happen. The reason being that (a) people arent always rational but are emotional too, and (b) not everyone has the ability to understand the consequences of their actions.
Furthermore, the ‘parties’ to a marriage involve more than the self-interest parties to a business contract - ie what about the kids?
4. This is a cultural issue, and its not just govt that is the problem here - children in broken homes are more likely to be juvenile delinquents, more likely to have school problems, and have a shocking 89 times greater risk of being victims of child abuse from a ‘shack up’ boyfriend of their Mom’s than from their married biological father. In other words, marriage and family helps prevent a LOT of social problems and pathologies that we as citizens and taxpayers end up suffering from and paying for.

Dan Quayle got a lot of heat for criticizing “Murphy Brown” and the single-mom-by-choice movement, but a few years later there was an article in the Atlantic Monthly “Dan Quayle was right” that laid out the many negative consequences of single Moms raising kids, broken homes, out-of-wedlock kids, etc. having government remove the legal definition of marriage will certainly weaken the marital bonds that help define marriage and lead to far more broken homes. Its a no brainer.

To summarize:
- the cultural consequences of broken homes is very bad
- marriage is required to shore up the family structure
- the victims of a culture that devalues family and marriage include the children in broken homes but also the rest of us who pay the price for social pathology
- the culture of divorce in recent times underscores this point
- its not just a matter of blaming govt and running away from it
- to protect marriage, you have to define it in law
- marriage has been defined in law for centuries, its not in any way shape or form a part of ‘big government’ anymore than laws against theft are
- having been defined in law, to further protect the family we need to prevent it from getting undermined by foolish ideas such as ‘gay marriage’
- the only sure way to prevent gay marriage is the FMA

Logical Conclusion:
=> Save Western Civilization, Support the Federal Marriage Amendment!

For more on this, the National Review articles on the de facto abolition of marriage in Scandanavia (in the wake of adopting gay marriage) are enlightening and disturbing.


86 posted on 09/07/2007 8:12:40 PM PDT by WOSG (I just wish freepers would bash Democrats as much as they bash Republicans)
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To: The Noodle
The only possibility I can think of is if such an amendment basically said that there was nothing in the US Constitution upon which a state judge could rely on in mandating same sex marriages. In other words, his proposed amendment would essentially state that it was up to each state to determine whether or not it same sex marriage is permitted in that state

We already have that. It's called the 10th Amendment. Big government social 'conservatives' are going to do everything they can to finish off this Republic..

87 posted on 09/07/2007 8:15:41 PM PDT by billbears (Those who do not remember the past are condemned to repeat it. --Santayana)
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To: CheyennePress
Fred Thompson still refuses to support a federal marriage amendment defining marriage as between a man and a woman!

"Fred Thompson endorsed an amendment to the Constitution that would prevent state judges from altering the definition of marriage without the direction of their states' legislatures." -- but apparently he does still want state legislatures to have the power to legalize sodomite "marriage."

Marriage is between a man and a woman. Period. In all cases. In every state. Fred just cannot bring himself to publicly affirm that.

Is he trying to steal log cabin votes from Giuliani?

As president he would not have even have anything to do with ratifying an amendment to the Constitution. Therefore his only purpose in opposing the protection of marriage in the USA from the sodomite assault must be that he is pandering for the votes of the sodomites!

88 posted on 09/07/2007 8:33:54 PM PDT by Tailgunner Joe
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To: The Ghost of FReepers Past

“I’m not sure I understand his position entirely. Is he backing away from the DOMA that he voted for?”

NO.

” The FMA would essentially write that into the constitution so that judges can’t mess with it.”

CORRECT. It’s why we need it. It’s a DOMA that overrules any possible future Federal judge/USSC ruling.

“If we are talking about getting rid of the federal DOMA in favor of something which allows states to grant homo marriage including federal benefits, then that’s bunk and I won’t support it.”

It does not get rid of DOMA. That law stays. But - The problem with his Amendment is that, if California passed a law making gay marriage, it would stay. All the resulting issues involving de facto federalization of gay marriage flowing from gay marriage in one or more states would NOT be addressed by his amendment. It’s possible that DOMA would as a result of this be overturned by a Federal court that takes (1) Romer v Evans “gay equality is good” and (2) Full, faith, and credit clause to make (3) DOMA overturned an ‘gay marriage’ is required to be recognized across state lines (after all, traditional marriages are).

The gay activists know this, and they have been gradually chipping away at the bulwarks against this in law.

In the end, the anti-FMA forces are saying ‘we dont need FMA because we have a Federal law’. IMHO they are full of beans.

Even *Iowa* Judges overturn laws and invent gay marriage. If they can do it, a Federal judge can as well.

We need FMA. Nothing less will stop the end of traditional marriage.


89 posted on 09/07/2007 8:44:06 PM PDT by WOSG (I just wish freepers would bash Democrats as much as they bash Republicans)
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To: WOSG

You’re exactly right on how marriage is a national matter.

I like to liken this issue to the European population crisis. Look at where gay marriage has become the law of the land: broken European socialist states so dysfuncational that they cannot do something so basic as to produce enough offspring for their cultures to survive. Never in human history have birthrates been so low as in nations that are looking at legalizing gay marriage.

Now, remembering back to your childhood, you were raised with the expectations of growing up, marrying, and having a family of your own. Children played with doll houses. These had mothers, fathers, babies, pets, and children. From a very early age, we were taught that we were to have a family of our own one day and to simulate that.

Right now, we have a societal definition of marriage with 2 aspects:

1) finding a lifetime partner to share our lives with
2) forming a unit through which to conceive and raise our families.

The anti-marriage crowd wants to destroy #2 and completely redefine marriage under the guise of some abstract notion of romantic love and personal happiness. And essentially, that allows any pairing or grouping you could imagine.

Gay marriage’s most drastic effect may be on straight marriages. Marriages between people who grew up with the idea that they may or may not have children. It depends on who they marry. And there are many possibilites, of course. It muddles up something that should be perfectly clear and practiced from a very early age. Children should be nurtured to one day raise a family of their own.

Protecting traditional marriage is absolutely in the best interest of our society. It encourages large families. It encourages the absolute best arrangement in which to raise children. In encourages commitment. It encourages our children to learn to be good parents.

And every time we allow more nonsense to unhinge the nuclear family, we weaken our society.

We need this amendment.


90 posted on 09/07/2007 8:44:36 PM PDT by CheyennePress (Tennesseeans for Romney)
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To: AFA-Michigan
“I don’t think it’d ever happen. I think the chances of gay marriage in law passing in any state in this country, by their legislature, is virtually zero.”

Big blunder by Fred. He apparently missed the Cali lege vote recently as well... the SECOND time they passed it, it may be on to its second veto by Ah-nold.

He had the bulk of the national pro-family movement ready to individuall sign on with him until he decided to align himself with Hillary and Obama and McCain and Rudy in supporting the “right” of states to come up with 50 different definitions of marriage.

As conservatives, we should be unified on this. If we dont unify and speak with one voice to defend marriage, we will lose.

91 posted on 09/07/2007 8:50:18 PM PDT by WOSG (I just wish freepers would bash Democrats as much as they bash Republicans)
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To: CheyennePress

Dittos.

Support marriage = Support the Federal Marriage Amendment.


92 posted on 09/07/2007 9:04:14 PM PDT by WOSG (I just wish freepers would bash Democrats as much as they bash Republicans)
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To: CheyennePress
Well your guy Romney is a phony. I'd rather have this plan to stop the bleeding than the plan of some fake flip-flopper who is promising me stuff he doesn't really believe in and who has a failing record of accomplishing anything on this subject in the state that he governed. Why would you vote for gay state Romeny. It's like voting for the worst goalie in the league with promises that he is the best guy to stop the other team from scoring.

I don't think Thompsons plan is perfectly thought out. If he allows some states to have gay marriage per the U.S. Constitution then it must involve the federal government in recognition and benefits, unless the amendment specifically said otherwise. This could end up a big win for the homosexual lobby if we are not careful. But at least Thompson is thinking and addressing the problem of judges. At least he sees a problem.

93 posted on 09/08/2007 7:00:07 AM PDT by The Ghost of FReepers Past (Woe unto them that call evil good, and good evil; that put darkness for light..... Isaiah 5:20)
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To: WOSG
If he proposes an amendment that would undermine DOMA then he is essentially against the law he voted for. If on the one had he votes for a law that defines marriage in the U.S as being between one man and one woman only, but then proposes an amendment that says states have the right to enact gay marriage, then he is contradicting himself. I do not want an amendment to the U.S. constitution that essentially guarantees a constitutional right to homosexual marriage, even if limited to only some states. The reason I don't want that is because it would mandate federal recognition and benefits. It would legitimize those marriges in the eyes of the federal gov't and essentially federalize their status.

You can't have federal taxes that are filed as "married filing jointly" and still deny that the people are married. The issue is and always has been federal. States set some parameters like age limits, but they don't get to dream up entirely different definitions.

94 posted on 09/08/2007 7:09:24 AM PDT by The Ghost of FReepers Past (Woe unto them that call evil good, and good evil; that put darkness for light..... Isaiah 5:20)
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To: The Ghost of FReepers Past
You don't really mean what you're typing. Come on, man. Repeating "Mitt Romney is a flip-flopper" doesn't make it so. Nor does calling him the worst goalie in the league make it so. Fact of the matter is that Romney was lobbying for a Federal and Constitutional definition of marriage when it first came before the US Senate--a Republican dominated Senate. And one that failed to support that Amendment. Where was Thompson during all of this? Not lobbying for a marriage amendment. You say Romney didn't accomplish anything, but do you know what he went through to try to? He actually did push the fight along, even though the power was largely out of his hands. Read up on the history of the matter. Romney organized rallies and fought the legislature over and over again to let the people vote on a Constitutional Amendment to define marriage. The 85% Democrat Mass legislature refused to comply until he brought them before the Mass courts. And even after that, they ultimately folded. Here:

On November 19, 2006, Gov. Mitt Romney led a rally against the tactics that the Massachusetts legislature used to delay and possibly prevent a vote on the same-sex marriage ballot initiative in front of the Massachusetts State House. Romney said he would ask a justice of the state Supreme Judicial Court that week to put the initiative on the ballot in case the legislators failed to vote on the initiative on the last day of the Joint Session, January 2, 2007 as required by the Massachusetts Constitution Amendments Article XLVIII (The Initiative, IV. Legislative Action on Proposed Amendments, Section 2. Joint Session)[13] Romney said, "The issue before us is not whether same-sex couples should marry. The issue before us today is whether 109 legislators will follow the constitution."

On December 27, 2006, the Massachusetts Supreme Judicial Court agreed unanimously with Gov. Mitt Romney's repeated assertion that Article 48 of the Massachusetts Constitution explicitly and unambiguously requires that the Massachusetts Legislature take a final vote on any and all voter initiatives placed before them. That includes the marriage amendment.

The Mass legilsature was required to hold 2 votes. The first vote passed. The second one failed, effectively allowing Goodridge to have the final say on Mass' marriage laws.

That wasn't Romney's failing. That was a failure of Massachusett's legilsature to allow its people to vote on its own Constitution. And I've heard the nonsense argument about Romney not needing to do anything and refusing to allow Massachusetts officials to issue the marriage certificates, anyway. Of course, all this argument shows is a complete failure to understand the implications of the Goodridge case and to deal with the fact that the Mass DOMA law was overturned. As we saw in Iowa, the moment a judge overturns the law of a DOMA and declares that gays can marry, gays have a right to marry unless a stay is put on the ruling for a period of time. At that point, it's up to the legislature to make a Constitutional provision or to simply ignore the issue entirely, let the stay expire, and effectively legalize gay marriage. There's no need for new legislation, as the DOMA act was the only thing keeping gays from marrying in the first place. Don't believe me? Take a look at the Mass Marriage laws. Find one that keeps gays from marrying or needs revision in the case of gay marriage:

http://marriage.about.com/gi/dynamic/offsite.htm?zi=1/XJ/Ya&sdn=marriage&cdn=people&tm=7&gps=23_10_779_423&f=10&tt=14&bt=1&bts=0&zu=http%3A//www.mass.gov/legis/laws/mgl/gl-207-toc.htm

As for the alleged flip-flopping Romney, I think he spoke very clearly about what he believed regarding marriage in Mass, something Thompson hasn't done to this point, has he? He might, but he's got some work ahead of him.

http://www.youtube.com/watch?v=mjC4lQ90Sas
http://www.youtube.com/watch?v=VXUE7VHeaTc
http://www.youtube.com/watch?v=RVrZf0bWobw
http://www.youtube.com/watch?v=eJXyDxMKv1E
95 posted on 09/08/2007 10:35:31 AM PDT by CheyennePress (Tennesseeans for Romney)
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To: CheyennePress

There is zero percent change you are going to change my mind about Romney. Thompson still has to convince me his idea is a good one. But even if I reject Thompson, I won’t vote for the guy who was at the helm when the Massachusetts disaster happened. I’m not voting for a proven failure.


96 posted on 09/08/2007 10:46:02 AM PDT by The Ghost of FReepers Past (Woe unto them that call evil good, and good evil; that put darkness for light..... Isaiah 5:20)
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To: The Ghost of FReepers Past

Fair enough. To call Romney a failure after what happened in Mass is simply not accurate, but you can hold that opinion if you want.

Support Thompson if you like, as well. I like him in many respects. Not this one. Or regarding tort reform. Or on the border. But he’s not that bad.


97 posted on 09/08/2007 10:53:29 AM PDT by CheyennePress (Tennesseeans for Romney)
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To: elizabetty
There is no reason to respond so snotty, I was posting genuinely to you. However you might be interested to read this:

LINK

When asked by reporters about gay marriage, Thompson said he supports a traditional view of marriage as being between a man and a woman, but he did not criticize gays and lesbians.

"I'm not going to pass judgment on several million of my fellow citizens," Thompson said. "I think anybody who knows me knows how I feel about the importance of the family. A president of the United States should not go out of their way to castigate or pass judgment on a large segment of people."

98 posted on 09/08/2007 2:19:33 PM PDT by prairiebreeze (PUT AMERICA AHEAD! VOTE FOR FRED!!)
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To: CheyennePress

Yet another Mitt-flop...

As a candidate for governor in 2002, he OPPOSED a Marriage Protection Amendment to his state constitution which, had it been approved, would have prevented the Mass Supreme Court’s 2003 decision on the issue. Told the homosexual activist newspaper in Boston that he would have voted against it had it appeared on the ballot.

Easy enough, Mitt, to put your finger up in the wind and try to make yourself out to be a “champion” of something approved in over two dozen states since 2004 by an average vote of roughly 70 percent.

But where were you when it might have made a difference in Massachusetts in 2002?

On the other side, sucking up to and being formally endorsed (for the second time) by the homosexual Log Cabin Republicans, the same bunch who spent $1 million on TV ads in key swing states in 2004 attacking Pres. Bush for supporting a federal Marriage Protection Amendment.


99 posted on 09/10/2007 3:10:53 PM PDT by AFA-Michigan
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