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Much Ado About Nothing? (Same sex marriage)
NATIONAL REVIEW ONLINE ^ | October 4, 2011 | Brian Bolduc

Posted on 10/06/2011 5:50:34 PM PDT by neverdem

Much Ado About Nothing?
Ledyard, N.Y.'s town clerk may be well within her rights.

When New York legalized same-sex marriage in June, Rose Marie Belforti, the town clerk in Ledyard, N.Y., faced a dilemma: Either betray her Christian faith by granting marriage licenses to same-sex couples, or resign. Or at least that’s the choice same-sex-marriage advocates gave her. Instead, Belforti devised a compromise: She asked a deputy to sign all marriage licenses for her, so the town could obey the law, and she could keep her job.

But for Deirdre DiBiaggio and Katie Carmichael, that wasn’t good enough.

In August, the lesbian couple trekked to town hall to request a license. Belforti told them they’d have to make an appointment and return on a day when a deputy was available. Upset by the delay, the couple accused Belforti of discriminating against them, and they enlisted the People for the American Way Foundation and the law firm Proskauer Rose, LLP in their cause. Although the couple has yet to file charges, Drew Courtney, director of communications for the foundation, tells NRO, “We’re exploring that possibility.”

“Couples shouldn’t get turned away because of a clerk’s religious beliefs,” he says. “She’s trying to sidestep an entire area of her duties.”

Last month, James Gregory, an attorney with Proskauer, sent Belforti and Mark Jordan, the town supervisor, a letter, in which he demanded that the town council direct Belforti to issue the license or resign. But the council declined. “The clerk runs her own office. We cannot force her,” Jordan said at a town-council meeting.

To bolster his case, Gregory included a copy of a memo on the law that the state department of health sent to all town clerks in July. “No application for a marriage license shall be denied on the ground that the parties are of the same or a different sex,” the memo warned. In addition, Gregory cited Gov. Andrew Cuomo, who, while speaking on the issue, said, “When you enforce the laws of the state you don’t get to pick and choose the laws.”

But Belforti isn’t picking which laws to enforce, she’s merely changing how she enforces them, says Holly Carmichael, an attorney for the Alliance Defense Fund, which will assist Belforti in the event of litigation. Carmichael notes that in a New York Times article on the controversy, Katie Carmichael (no relation) complains, “To have her basically telling us to get in the back of the line is just not acceptable.”

“They were actually just asked to stand in line,” Carmichael quips. Because Belforti requires all couples — heterosexual and homosexual — to make appointments with a deputy to receive their licenses, Carmichael argues she’s well within the law. “Perhaps they just don’t understand that in small towns you can’t get exactly what you want when you come in,” Carmichael says.

Furthermore, Carmichael points to a state statute that allows town clerks to appoint deputies to grant marriage licenses. Domestic Relations Law § 15(3) reads:

Notwithstanding any other provisions of this article, the clerk of any city with the approval of the governing body of such city is hereby authorized to designate, in writing filed in the city clerk’s office, a deputy clerk, if any, and/or other receive applications for, examine applications, investigate and issue marriage licenses in the absence or inability of the clerk of said city to act, and said deputy and/or employees so designated are hereby vested with all the powers and duties of said city clerk relative thereto.

If state law allows Belforti to appoint a deputy, and she requires all couples to follow the same procedure, it’s difficult to see on what grounds the couple would lay their case. It’s also easier to see the uproar over Belforti’s decision as the knee-jerk reaction of an intolerant Left.

— Brian Bolduc is a reporter for National Review Online.



TOPICS: Culture/Society; Front Page News; Politics/Elections; US: New York
KEYWORDS: bitterlesbonazis; fdrq; freedomofreligion; gomorrah; hatefilledlesbonazis; hatredofchrist; hatredofchristians; hatredofthebible; homonaziagenda; homonazism; homonazityranny; homopsychoagenda; homopsychotyranny; homosexualagenda; homosexualism; homotyranny; lesbonaziagenda; lesbonazism; lesbonazityranny; lesbopsychoagenda; lesbopsychotyranny; lesbotyranny; ny; samesexmarriage; sodom; tyranny

1 posted on 10/06/2011 5:50:39 PM PDT by neverdem
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To: neverdem

Get ready for a couple of homos to show up somewhere in their military uniforms and then throw a tantrum that some clerk was “unpatriotic” because she was disrepectful to a couple of “military servicemen” by refusing to sign a “marriage” license. It’s coming. We deserve everything we get for allowing this to happen. Elections do have consequences.


2 posted on 10/06/2011 5:59:02 PM PDT by FlingWingFlyer (If you always tell the truth, you won't have to remember what you said.)
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To: FlingWingFlyer

agreed the insane policy of allowing these homosexuals to serve needs to be overturned as soon as possible.

We should not have allowed them civil unions because form that they sued it as a platform to further their agenda and look where it got us by agreeing to give them that


3 posted on 10/06/2011 6:01:42 PM PDT by manc (Marriage=1man+ 1 woman, Don't speak up, be a coward and the family, military etc will be destroyed)
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To: FlingWingFlyer

two homo women went to Catholic charities to get a child but was told they could not as it violated their religion.

They went to court and won and now children do not get adopted off this group because they had to close down in the state of MA.

These two homo’s could have gone anywhere to get a child but they chose this group because they looked to attack the church.

I think that they never got a child after their law suit either so it was all staged.

It is time now to say enough is enough, 15 years ago you wanted privacy and we gave you that, but instead the right appeased them and now look at what is happening

They will now use the openly serving homo law to attack DOMA by saying they can get married in the military, they can die and fight but cannot be married in their state therefore overturn DOMA and you know what?

We’ll still have dopes on the right saying so what


4 posted on 10/06/2011 6:05:54 PM PDT by manc (Marriage=1man+ 1 woman, Don't speak up, be a coward and the family, military etc will be destroyed)
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To: manc

More than likely, they never intended to adopt a child. It’s the way the homos work. Look what they did at the debate. They had one of their useful idiots exploit his military service to throw the repeal of DADT in the faces of the Republican candidates. This never was about “serving their country”. This is about shoving homosexuality down the throats of normal Americans just as they did with ObamaCare.


5 posted on 10/06/2011 6:13:57 PM PDT by FlingWingFlyer (If you always tell the truth, you won't have to remember what you said.)
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To: FlingWingFlyer

nail on head, well said.


6 posted on 10/06/2011 6:21:10 PM PDT by manc (Marriage=1man+ 1 woman, Don't speak up, be a coward and the family, military etc will be destroyed)
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To: FlingWingFlyer

****This never was about “serving their country”. This is about shoving homosexuality down the throats of normal Americans just as they did with ObamaCare.****

The same with homo marriage. It allowed homos to flex their muscle under cover of law. They will find marriage confining to the homo lifestyle and then start playing around like before they got together.


7 posted on 10/06/2011 6:38:08 PM PDT by Ruy Dias de Bivar (Click my name. See my home page, if you dare! NEW PHOTOS & PAINTINGS)
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To: neverdem

Whatever happened to respect for conscience?


8 posted on 10/06/2011 7:18:25 PM PDT by 1010RD (First, Do No Harm)
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To: cyborg; Clemenza; Cacique; NYCVirago; The Mayor; Darksheare; hellinahandcart; Chode; ...
Helicopter Rescue - New York gets it right.

'Take Away His Vote' Dem Rep Wants To Nullify Justice Thomas' Rulings With 'Retroactive Recusal' Rep. Louise Slaughter

FReepmail me if you want on or off my New York ping list.

9 posted on 10/06/2011 8:04:33 PM PDT by neverdem (Xin loi minh oi)
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To: neverdem

Thanks for the ping!


10 posted on 10/06/2011 9:19:51 PM PDT by Alamo-Girl
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To: little jeremiah

Ping


11 posted on 10/06/2011 10:15:08 PM PDT by neverdem (Xin loi minh oi)
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To: neverdem

Placemark for tomorrow pingout - thanks.


12 posted on 10/06/2011 10:24:45 PM PDT by little jeremiah (We will have to go through hell to get out of hell.)
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To: FlingWingFlyer

Bingo. It’s all about them, always.


13 posted on 10/07/2011 2:07:24 AM PDT by Ronin (If we were serious about using the death penalty as a deterrent, we would bring back public hangings)
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To: Ronin

The homo agenda is about criminalizing religion. First driving them from any public job, then throwing the dissenters in jail for their faith. Objecting to homosexuality is now a hate crime.


14 posted on 10/07/2011 2:43:17 AM PDT by mission9 (It ain't bragging if you can do it.)
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To: mission9

Yep. And it’s not going to get any better in the future.

Seriously speaking, it’s like the Christians against the Muslims. Turning the other cheek doesn’t work because they are perfectly happy to slash that one open, and then aim for the throat.

The homosexuals do not want “peaceful coexistence”, they want total victory. They will not be satisfied until their orientation is deemed superior to heterosexuals and it is considered a hate crime even to refuse a homosexual’s desire for sex.

Think I’m joking? Try this scenario on for size. PFC Honeybuns waits until he and one other soldier are alone in a shower, sidles over and requests a little loving.

The other soldier politely declines.

PFC Honeybuns then informs the soldier that if he doesn’t, he’s going to go on report for using homophopic slurs. Since there are only the two of them in the shower it will be the homosexual’s word against the straight — and as the newest totally protected minority, guess who the brass is going to believe.

Trust me, it’s going to happen soon, if it hasn’t already happened. And it’s just going to get worse from there — until and unless we start pushing back.


15 posted on 10/07/2011 3:04:33 AM PDT by Ronin (If we were serious about using the death penalty as a deterrent, we would bring back public hangings)
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To: 1010RD

It got trumped.


16 posted on 10/07/2011 4:34:45 AM PDT by Vanders9
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To: neverdem

What? “People for the American Way Foundation”??

To society, the homosexual community are no different than any bully, punk, rebel, or imp who is determined to undermine society, authority, or anyone else who won’t give them their way to do whatever they want to do...no matter WHAT it is, or WHO it offends. When they can’t get their way, they find someone who will do that for them. Their behavior is characteristic of these things. Yet, WE are the bigots.

Just their attacking of the church, and their LACK of principle by doing so, speaks volumes as to what we are dealing with, does it not?

Jesus WARNED us about this coming to pass. The same as ALL things He warns us about coming to pass, if we allow these deceptions to take ROOT in our lives. And now, in today’s society, because of man’s rejection of God, and their lust for the devil, we are now facing the consequences of those transgressions. It’s a very simple assessment.

Rose Marie Belforti, did NOTHING but shine light where there was darkness.

This world, is evil. And dying.


17 posted on 10/07/2011 10:38:27 AM PDT by ourworldawry
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To: neverdem; 185JHP; 230FMJ; AFA-Michigan; AKA Elena; Abathar; Albion Wilde; Aleighanne; ...
Homosexual Agenda and Moral Absolutes Ping!

Freepmail wagglebee to subscribe or unsubscribe from the homosexual agenda or moral absolutes ping list.

FreeRepublic homosexual agenda keyword search
[ Add keyword homosexual agenda to flag FR articles to this ping list ]

FreeRepublic moral absolutes keyword search
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Accomodating and compromising with evil is one of the surest paths to hell known. Evil must be fought from the very beginning. Those pushing evil are driven like mad dogs and they will never give up. Compromising with those pushing the homosexual agenda means giving them ultimate victory. It's time to stop compromising the the homo-agenda and it looks as though it's up to us little people.

18 posted on 10/07/2011 2:48:42 PM PDT by little jeremiah (We will have to go through hell to get out of hell.)
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To: neverdem

The argument homosexuals and their misguided friends make about “homosexual marriage” is:

“Who care what people do in their bedrooms”.

Then let the homosexuals get married in their bedrooms and only be married in their bedrooms.

Otherwise I care.


19 posted on 10/07/2011 3:44:38 PM PDT by Berlin_Freeper
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To: manc
They will now use the openly serving homo law to attack DOMA

It's an executive order. Congress never passed it. But that said, as the policy of not letting them serve at all, and so was "Don't Ask, Don't Tell". The only thing that IS a law is the UCMJ's section on sodomy.

§ 925. Art. 125. Sodomy

(a) Any person subject to this chapter who engages in unnatural carnal copulation with another person of the same or opposite sex or with an animal is guilty of sodomy. Penetration , however slight, is sufficient to complete the offense.

(b) Any person found guilty of sodomy shall be punished as a court-martial may direct.

So certain non-penetrative forms of homosexual behavior are not violations, and some forms of heterosexual behavior are. Not sure if getting/giving a Lewinsky is a violation The UCMJ doesn't explicitly discriminate against homosexuality, as you can see from (a) above.

Of course gay and lesbian groups are pressing for the repeal of Art 125.

20 posted on 10/07/2011 10:08:58 PM PDT by El Gato ("The second amendment is the reset button of the US constitution"-Doug McKay)
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To: manc
They will now use the openly serving homo law to attack DOMA

It's an executive order. Congress never passed it. But that said, as the policy of not letting them serve at all, and so was "Don't Ask, Don't Tell". The only thing that IS a law is the UCMJ's section on sodomy.

§ 925. Art. 125. Sodomy

(a) Any person subject to this chapter who engages in unnatural carnal copulation with another person of the same or opposite sex or with an animal is guilty of sodomy. Penetration , however slight, is sufficient to complete the offense.

(b) Any person found guilty of sodomy shall be punished as a court-martial may direct.

So certain non-penetrative forms of homosexual behavior are not violations, and some forms of heterosexual behavior are. Not sure if getting/giving a Lewinsky is a violation The UCMJ doesn't explicitly discriminate against homosexuality, as you can see from (a) above.

Of course gay and lesbian groups are pressing for the repeal of Art 125.

21 posted on 10/07/2011 10:09:14 PM PDT by El Gato ("The second amendment is the reset button of the US constitution"-Doug McKay)
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To: El Gato

correct if i am wrong please but my understanding is that this overturn of don’t ask is in violation of the marine code and therefore the new homosexual law can be overturned by a simple executive order.

I don’t understand how the marine code is still in place but the homo’s think they can now run around on their little tippy toes shouting look at me I’m a homo


22 posted on 10/08/2011 8:38:40 AM PDT by manc (Beckett08 an anti war Answer troll who had to re-register. don't feed the troll, they'll send PM's)
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To: manc
Not sure I understand the question. I don't know what the "Marine code" is.

But as I said, the "Don't Ask and Let 'Em Tell" thing is not a law, just an executive order, to be implemented by changes in Army, Navy, AF, and Marine regulations. The same was true of "Don't Ask Don't Tell" which was Clinton's sop to his far left supporters.

But the Uniform Code of Military Justice, which makes sodomy a crime, IS a law, and can't be changed by the stroke of a Presidential pen. Congress, and only Congress, can change it.. Well the Supreme Court could overturn that section, but that seems unlikely, at least unless Obama gets to appoint another justice.

But the UCMJ doesn't criminalize homosexuality, as such. The same acts by heterosexuals would be equally in violation. That might be a way for the Gay Lobby to get it overturned, since I doubt very much it's been enforced against married heterosexuals, or even unmarried ones, in a good long time. So there would be an equal protection argument.

23 posted on 10/09/2011 7:46:15 PM PDT by El Gato ("The second amendment is the reset button of the US constitution"-Doug McKay)
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To: El Gato

thank you very much for that info and addressing my question


24 posted on 10/10/2011 7:21:24 AM PDT by manc (Do not fall for the trolls who promote the protests on here, Marriage 1man=1 woman=marriage)
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