Notre Dame 88

Tuesday, October 5, 2010 \PM\.\Tue\.

By Charles E. Rice

Fr. Norman Weslin, O.S., at the complaint of Notre Dame, was arrested in May 2009 and charged as a criminal for peacefully entering the Notre Dame campus to offer his prayer of reparation for Notre Dame’s conferral of its highest honor on President Obama, the most relentlessly pro-abortion public official in the world.  The University refuses to ask the St. Joseph County prosecutor to drop the charges against Fr. Weslin and the others arrested, still known as the ND 88 although one, Linda Schmidt, died of cancer this past March.  Judge Michael P. Scopelitis, of St. Joseph Superior Court, recently issued two important orders in this case.

The first order denied the State’s motion to consolidate the cases of multiple defendants.  That motion would have denied each separate defendant his right to a separate jury trial.  The order did permit consolidation of the trials of twice-charged defendants on the separate offenses with which that defendant was charged; a defendant charged, for example, with trespass and disorderly conduct would therefore not have to appear for two trials.  Judge Scopelitis also denied the prosecution’s attempt to force each defendant to return to South Bend for each proceeding in the case, which would have coerced the defendants to abandon their defense.  Instead, the Judge permitted the defendants to participate by telephone in pre-trial conferences.

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Mosque Opponents: Be Careful What You Wish For, You Might Get It

Saturday, August 28, 2010 \AM\.\Sat\.

The debate over the so-called Ground Zero mosque near the former site of the World Trade Center in New York has raised public interest in, and opposition to, other proposed or recently built mosques and Islamic centers throughout the country.

In areas where Muslim migration or immigration has been significant, some citizens have attempted to discourage construction of new mosques. Few come right out and cite the threat of terrorism; more often they seem to resort to time-honored NIMBY (Not In My Back Yard) tactics such as creative interpretation of zoning ordinances, claims of decreased property values, or claims of real or potential problems with traffic, noise, etc.

Before I go any further, I want to make it clear that I understand the need to be vigilant regarding the potential for violent subversion, as well as the dangers of taking such a politically correct approach to militant Islam that people hesitate to report obvious suspicious activity for fear of being labeled bigots (as seems to have happened in the Fort Hood massacre case).

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Not So Fast…

Monday, August 16, 2010 \PM\.\Mon\.

A Panel of the 9th Circuit has surprisingly issued a wise decision, deciding to allow Proposition 8 to remain in place while the 9th Circuit considers its constitutionality.

This was undoubtedly the right decision. It makes no sense to force a state to marry people while knowing that a later decision could invalidate all those marriages.

One hopes that this is the beginning of a trend in reversing Judge Walker, whose rulings in this case can best be described as what happens when judicial activism meets the dictatorship of relativism.


Proposition 8 Struck Down, For The Time Being

Wednesday, August 4, 2010 \PM\.\Wed\.

By now I’m sure you all know that Proposition 8 was struck down by a federal judge. Who knows what will happen on appeal. There is much to be said, but I want to focus on one narrow and possibly tangential point. This phrase from the judge’s ruling, a phrase being reposted on facebook in many statuses:

“A private moral view that Same-sex couples are inferior to opposite-sex couples is not a proper basis for legislation.”

The absurdity of that sentence really struck me. There was nothing “private” about the view of the “superiority” of hetereosexual couples. It has been carried on through generations of communities and in the present day was represented by 52% of Californians. How a popular decision that represented thousands of years of ethical thinking and concern for the family became a private morality is baffling.

More troubling is the implication of the judge that a “moral view” is not a proper basis for legislation. Since when has this been the case? Our laws on pedophilia, minimum wage, health care, torture, human rights, etc. are based at least on part on “moral views,” views that in some respects may be just as if not more private than the ones the judge rejects today.

If morality is not a basis for legislation, what on earth is? Morality guides us in making decisions; without a moral or ethical compass (or perhaps even without a religious one) there is no basis for legislation to be made. Laws are supposed to help make society run better, but there is no way to make society run better unless you have a notion of what a “better society” looks like, and you don’t get to that notion without morality.

State recognition of homosexual marriage is one thing, but this ruling attacks the foundation of our government. Morality must have a place in the public sphere and must be one of the foremost foundations of legislation.

To be sure, the judge is simply smoke-screening for the fact that he is imposing his own standards of morality. But the fact that his statement rejecting a moral basis for legislation is being so celebrated should worry all Americans.


American Bar Association Considering to Support Same Sex Marriage

Wednesday, July 14, 2010 \AM\.\Wed\.

The American Bar Association will be considering supporting same-sex marriage at their next meeting in San Francisco.

It urges state, territorial and tribal governments to eliminate laws restricting marriage between same-sex partners.

Supporters say the adoption of the measure would build on past ABA policies supporting protections for gay couples and their families. The House of Delegates in 2004 approved a recommendation opposing efforts to enact federal legislation preventing states from allowing same-sex marriage. “Everyone who worked on it is hopeful,” said Michele Kahn, a partner at Kahn & Goldberg who chairs a New York State Bar committee on gay rights. The State Bar in June 2009 came out in support of same-sex marriage, dropping its support of civil unions or domestic partnerships as alternative measures.

Kahn said so far no formal opposition has come forward against the measure.

What I find amazing is that there is no formal opposition.

I know a lot of pro-life and practicing Christian lawyers, how can this be?


Elena Kagan Says It Is Fine If The Law Bans Books

Tuesday, June 29, 2010 \AM\.\Tue\.

SCOTUS nominee Elena Kagan has argued before the Supreme Court that it’s fine if the Law bans books.

Her rationale?

Because the government won’t really enforce it.

I’m no legal scholar but this sounds like a 3rd grade argument.

Aren’t our nominees suppose to have better reasoning skills and a solid grasp of the U.S. Constitution?  As well as a fundamental understanding  of such concepts like Freedom of Speech?

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