The only judge to be impeached in my lifetime is a member of congress.
Posted on 09/05/2015 7:44:52 PM PDT by American Faith Today
ASHLAND, Ky. — Following yesterday’s jailing of a county clerk for stating that it is not possible for her to obey an order to issue marriage licenses to homosexuals against God’s law, it is now being noted that the same federal judge also once ordered Kentucky students to be re-educated about homosexuality despite their objections.
In 2003, the American Civil Liberties Union (ACLU)—the same group that filed suit against Rowan County Clerk Kim Davis—sued the Boyd County Board of Education to force it to agree to allow a “gay-straight” alliance club to meet at Boyd County High School. A number of parents had strongly opposed the group following its initial formation, with approximately 70 attending a school council meeting to speak out on the matter.
The school board temporarily suspended the meeting of all student groups due to controversy over the matter, but the Bible and drama clubs allegedly continued to meet despite the ban. Students with the alliance subsequently contacted the ACLU, which filed suit over the matter.
Bunning then ordered Boyd County education officials to allow the alliance to meet on campus, declaring that they must be granted the same privileges as other groups, including using the intercom during school hours.
“Absent a preliminary injunction, plaintiffs will be unable to meet at school, unable to benefit from a forum for discussion with other students who are suffering the effects of harassment based on sexual orientation, and unable to work with other students to foster tolerance among all students,” he wrote.
But Bunning also required the school district to implement training as part of a settlement, which mandated school staff and students to undergo diversity education, “a significant portion of which would be devoted to issues of sexual orientation and gender harassment.”
However, a number of students objected to being forced to watch a video that asserted that it is wrong to oppose homosexuality and that a person’s sexuality cannot be changed. They discovered that they could not opt-out of the training without being penalized, and contacted the legal organization Alliance Defending Freedom (ADF) for assistance.
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ADF then sued the Boyd County Board of Education over the matter on behalf of student Timothy Morrison and his parents, who said that the re-education requirement “effectively forces the students to speak in agreement with the school district’s view that homosexuality is a safe and healthy lifestyle that cannot be changed.”
But in 2006, Bunning again ruled that the students must watch the video and could not opt-out because of their Christian identity, stating that the education “rationally related to a legitimate educational goal, namely to maintain a safe environment.” He said that the training wouldn’t mean that students would have to change their religious beliefs, therefore, an opt-out was unnecessary.
“Plaintiffs are not requesting that a student absent from the training be considered an ‘excused’ or that the Board offer an alternate assignment on the issue of diversity. Rather, they seek to opt-out of the training altogether,” Bunning wrote.
“Given the requirements of the consent decree, the Board cannot meet this demand. Moreover, as there is no burden on plaintiffs’ freedom of speech, free exercise or other constitutional right, there is simply no basis for an opt-out,” he said.
Bunning pointed to a First Circuit ruling in making his decision.
“We think it is fundamentally different for the state to say to a parent, ‘You can’t teach your child German or send him to a parochial school,’ than for the parent to say to the state, ‘You can’t teach my child subjects that are morally offensive to me,'” the noted ruling stated.
“If all parents had a fundamental constitutional right to dictate individually what the schools teach their children, the schools would be forced to cater a curriculum for each student whose parents had genuine moral disagreements with the school’s choice of subject matter,” it reasoned.
Bunning’s decision was then appealed to the Sixth Circuit Court of Appeals, which overturned his ruling in October 2007 and sided with Morrison. It stated that the student could seek damages from the school district because the policy and training “chilled” his ability to express his Christian beliefs about homosexuality to his fellow students.
“Although a favorable decision cannot provide Morrison an opportunity to travel back in time and utter the speech he withheld, it can provide him with nominal damages,” the three-judge panel ruled in the 2-1 decision. “Even though these damages amount to little, they serve to vindicate his rights.
“This guy is 100% sold out to the gay agenda and to liberal “tolerance”.
Liberal “tolerance” is always about forcing someone else to do something they do not want to.
It’s the totalitarian way. This is the way “justice” is meted out in Marxist/fascist countries.
Nobody asked for jail time. Not even the ACLU or the couples who brought the charges in the suit.
This piece of garbage went the extra mile.
Are there any CONSERVATIVE judges in the United States?
Bush was president from 2000 to 2008. I thought alot of these guys are in for life.
I could be very wrong and it might be a very bad assumption on my part.
Does a pres get to fire lots of judges?
Former major league pitcher Jim Bunning’s son? If so, it’s obvious he’s been hit in the face with more balls than his father.
We aren’t suppose to ad-lib headlines, to be saying Christian News Network had that headline. It’s cool with me, rules are rules.
But Bunning also required the school district to implement training as part of a settlement, which mandated school staff and students to undergo diversity education, “a significant portion of which would be devoted to issues of sexual orientation and gender harassment.” However, a number of students objected to being forced to watch a video that asserted that it is wrong to oppose homosexuality and that a person’s sexuality cannot be changed. They discovered that they could not opt-out of the training without being penalized, and contacted the legal organization Alliance Defending Freedom (ADF) for assistance.
But in 2006, Bunning again ruled that the students must watch the video and could not opt-out because of their Christian identity, stating that the education “rationally related to a legitimate educational goal, namely to maintain a safe environment.” He said that the training wouldn’t mean that students would have to change their religious beliefs, therefore, an opt-out was unnecessary.
Bunning’s decision was then appealed to the Sixth Circuit Court of Appeals, which overturned his ruling in October 2007 and sided with Morrison. It stated that the student could seek damages from the school district because the policy and training “chilled” his ability to express his Christian beliefs about homosexuality to his fellow students.
Sanity at last.
Federal judges are appointed for life (subject only to impeachment).
George W. Bush appointed this judge. His father was Jim Bunning (the ballplayer turned Kentucky politician). The judge's entire legal experience before being appointed to the bench was as a federal prosecutor in the Kentucky U.S. Attorney's Office; his official resume shows no experience in private practice.
The official bio:
Biographical Directory of Federal Judges
Bunning, David L.
Born 1966 in Ft. Thomas, KY
Federal Judicial Service:
Judge, U.S. District Court, Eastern District of Kentucky
Nominated by George W. Bush on September 4, 2001, to a seat vacated by William O. Bertelsman. Confirmed by the Senate on February 14, 2002, and received commission on February 19, 2002.
Education:
University of Kentucky, B.A., 1988
University of Kentucky College of Law, J.D., 1991
Professional Career:
Law clerk, U.S. Attorney’s Office, Eastern District of Kentucky, 1991
Assistant U.S. attorney, Eastern District of Kentucky, 1991-2002
Good Grief.
I really really hope this judge is impeached when Congress returns this fall.
Yes, but more importantly, he is the son of former U.S. Senator Jim Bunning. And, purely coincidentally, Jim Bunning was serving in the Senate when George W. Bush appointed his son David a federal judge.
The GOP politicians are going after Hillary/sarc....
“I really really hope this judge is impeached when Congress returns this fall.”
They can’t impeach him for the way he rules on a case .
Do you really expect them to ?
We are talking about a congress that done nothing for us except mock us
Yeah but I am thinking imprisoning a Christian for exercising her religious liberty is a game changer. But then again Congress is in the unipartys’ hands so most likely, after a bout of chest pounding to make the folks at home happy, nothing will be done.
Can we please find a Mohameddan city clerk who denied a same-sex marriage license or who denied the issuance of a liquor license?
The only judge to be impeached in my lifetime is a member of congress.
Kids may have to sit thru the film but they don’t have to pay attention. It’s a golden opportunity for them to get out their smart phones update their Twitter page, text their friends or play games or put in the ole ear plugs and zone on some tunes. As long as the butts are in the seats the court and the gaystepo can’t say boo about it.
Actually, he probably did Kim Davis a favor here. If he just levied fines he would have bankrupted her, and this story would have disappeared from the news. The last thing the ACLU and the plaintiffs in this case ever wanted was a "Birmingham Jail" scenario with a white Christian in the lead role.
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