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Marriage: Much More Than Legal Benefits

By David Fowler

Debates are often won and lost based on how the key terms are defined. In the cultural war, the California Supreme Court just threw down the gauntlet with their recent redefinition of marriage. Advocates of real marriage need not fear, but they must understand how to respond.

Those who want to reduce marriage to the least common denominator want to appeal to our sympathies. So, they begin the debate by urging us to look at marriage as simply a status to which the law provides certain benefits. From there it is easy to play on our sense of “fairness” by arguing that it’s not fair for some to get those benefits and not others.

But for this kind of logic to work, it is necessary to reduce marriage to nothing more than love between committed adults. Defined this way everyone can have the “benefits of marriage” and life is “fair.” But, while love and commitment are important for marriage, they are not enough to constitute a marriage.

To consider the legal benefits of marriage and who gets them before defining marriage is to put the proverbial cart before the horse. It is not the legal benefits given by society that make something a marriage. Rather, it is the nature of marriage that motivates society to give it certain legal benefits.

A Unique Relationship

The point is that marriage is not a relationship that society created in order to give some people benefits and deny them to others. Rather, “marriage” is the name that societies worldwide have given to a unique relationship between men and women that provides particular benefits to society.

By analogy, there are many geometric shapes. The word “square” represents one type of shape and “circle” another, but because each is what it is by definition, we cannot make circles that look like squares or vice versa. Likewise, there are many different relationships, even very important ones, but they are not marriages.

In other words, marriage is a real thing, not just a word. And marriage is important not because it has been given certain benefits.

Specifically, what makes the committed relationship between a man and woman different and of such importance to a healthy future society is its natural procreative potential and the unique roles each sex adds to the nurturing of the children they may raise.

To define other relationships as marriage so that everyone gets the same legal benefits is akin to redefining what a college diploma means so everyone can get a better paying job.

The California Supreme Court started its analysis in the wrong place and naturally ended in the wrong place. When marriage is reduced, its unique place in society is diminished. Doing so ultimately undermines the welfare of children and society itself.

David Fowler is President of the Family Action Council of Tennessee (FACT) who article first appeared in The Tennessean on May 27, 2008 and was posted on the FACT weblog on May 9, 2012.

Study: 500k U.S. Babies Born Premature Every Year

A new study from the March of Dimes found that babies born in wealthier countries typically stay in the womb longer, although the rate in the U.S. is higher than other countries of similar economic status (Source: “Too many babies being born too soon,” Columbus Dispatch, May 3, 2012).

According to the March of Dimes report “Born Too Soon,” more than 12 percent of live births in the United States each year are premature. That is 5 percentage points higher than Russia, China and Canada and comparable to Kenya, Thailand and India.

Among the reasons for the U.S.’s relatively high rate of premature births are women having children later in life, planned Caesarean sections and a lack of access to family planning and adequate prenatal care.

One Ohio example of an effort to reduce premature births is the Better Births Outcomes Collaborative, which gives high-risk Central Ohio women progesterone shots to prevent premature birth or miscarriage.

Source: Ohio Health Policy Review, May 7, 2012

Motorists Are Encouraged to Buckle Up. Every Trip. Every Time.

Safety should be everyone’s top priority and Laurie Fox, Greene County Safe Communities Coordinator, today reminded all Greene County residents that saving a life is a snap. Buckle Up America encourages everyone on the road to use seat belts and restraints and to use them properly.

“Seat belts are the most effective lifesaving feature in a vehicle,” said Ms. Fox. “However, they only work if you use them and use them correctly. It only takes a second to snap the buckle on a seat belt, but the benefits can last you a lifetime.”

Nearly one in five Americans still fail to buckle up regularly and too many children still don’t use their seat belts or child safety seats.

In 1998, the U.S. Department of Transportation, National Highway Traffic Safety Administration (NHTSA), developed a national initiative to increase seat belt use to 85% by the year 2000 and to 90% by 2005. The latest national seat belt use rate was 85% in 2010.

“You have too much to lose if you don’t buckle up”, said Ms. Fox. “Using a seat belt will halve your chances of being killed or badly injured in a serious crash, and using the proper age-appropriate car seat in a passenger car will reduce your infant’s chance of fatal injury by 71% and your toddler’s by 54%.”

According to research compiled by NHTSA, from 1975 through 2009 an estimated 9,310 children under age 5 were saved by child restraints (car seats or adult seat belts).

All States have laws requiring infants and toddlers to ride in car seats, but children still ride unprotected, and the consequences are frightening. According to NHTSA, fully 31% of passenger vehicle occupants under 5 who were fatally injured in crashes in 2009 were riding unrestrained.

“Let’s use Buckle Up America! Commit to wearing seat belts on every trip, ensuring that everyone who rides in our cars is buckled up and that all children 12 and younger ride in the back seat in properly installed restraints appropriate for their age and size,” Ms. Fox said. “Remember; never place a rear-facing infant seat in front of an air bag. Drivers and front-seat passengers should maintain at least a 10-inch distance between themselves and their air bags. While we cannot always avoid a crash, we can take the responsibility to do everything in our power to protect ourselves and our loved ones.” Buckle Up America, Every Trip. Every Time.

The public is invited to attend the Click It or Ticket Kick Off set for Tuesday, May 22nd at 9:30am at The Greene in Beavercreek near Mimi’s Café. Remarks at 9:30am on the Click It or Ticket National Mobilization campaign will be followed by free vehicle maintenance inspections and free child safety seat inspections from 10am – 2pm. Partners for this event include Greene County Safe Communities, AAA Miami Valley, The Greene, Safe Kids Greater Dayton, Dayton Children’s and Ohio State Highway Patrol.

For more information on the Greene County Safe Communities Coalition, please call 937-374-5669 or email lfox@gcchd.org. For more information on seat belt safety, visit http://www.trafficsafetymarketing.gov.

Gambling and Good Government Don’t Mix

“The first time Ohio voters say ‘yes’ to the gambling industry is the last time anyone has the chance to say ‘no’.” That is the way Rob Walgate, Vice-President of the Ohio Roundtable, describes the landscape as the first casino approved by voters in 2009 finally opens its doors three years later in Cleveland.

Walgate points out the string of broken campaign promises made to voters that have never come true. First is the 34,000 promised jobs that have never materialized. Next is the fact the amendment was so poorly written that the Columbus facility had to be moved and the Cleveland facility is not in one location but actually spans two properties. Casino owner Dan Gilbert is already discussing opening a third extended facility in Cleveland because the original boundaries were not sufficient.

“The tremendous irony here is that the same casino owners who wrote their own private monopoly amendment in 2009 are refusing to abide by their own amendment language. They are just doing whatever they please, and the Governor and the Legislature are willingly following the requests of the gambling industry. Instead of 4 limited casino facilities, Ohio is now facing three facilities in Cleveland and seven more racetrack casinos operated by the Lottery across the state. The deal voters approved has been displaced by an ‘anything goes’ gambling legislature.”

Walgate reminded Ohioans that all this was predicted all the way back to the first gambling campaign in Ohio in 1990. “The gambling industry has a history across the nation of turning limited legal language into a casino gambling tidal wave. That is exactly what was predicted and what is happening, only faster than anyone imagined. Once voters say yes to ‘limited’ casino gambling, the industry takes yes to never mean no. Sadly the Governor and Statehouse politicians are only too willing to please the new casino overlords. The voters have been kicked to the curb along with the Constitution.”

The Roundtable has been making the case that casino gambling and good government don’t mix for three decades. Currently the Roundtable leads a number of plaintiffs in a suit filed to enforce the Constitutional language of Ohio Ballot Issue 3, passed in 2009.

Founded in 1980, the Roundtable is an independent, non-profit, public policy organization headquartered in Ohio and reaching the nation.

Ohio Hospitals Agree to New Painkiller Protocol in Emergency Rooms

Gov. John Kasich announced Monday that hospital emergency rooms across the state have agreed to a new protocol that would restrict the prescription of addictive painkillers to patients who complain of pain (Source: “Ohio ER policy aims to fight drug abuse,” Toledo Blade, May 8, 2012).

“There’s a message to those going into those emergency rooms: We’re not giving the stuff to you willy-nilly anymore,” Mr. Kasich said. “We’re not going to allow you to get a prescription and go out and give it some relative or give it to some kid, or give it to anybody. … Not only were the emergency rooms excited about cooperating with these protocols, but then the urgent care centers came in and said, ‘Can we help, too?'”

According to Dr. Ted Wymyslo, the guidelines are voluntary and do not have the force of law. However, the protocol has been endorsed by the Ohio Hospital Association.

“Handling this challenge with statewide agreement allows hospitals to present a united front, encouraging those in chronic pain to work closely with their primary care physicians while discouraging dangerous, drug-seeking behavior that is part of the addiction epidemic Ohio is working to break,” said Mike Abrams, president and CEO of the Ohio Hospital Association.

Source: Ohio Health Policy Review, May 10, 2012

USCIRF Alarmed By Blasphemy Amendments in Kuwait

By USCIRF

The U.S. Commission on International Religious Freedom (USCIRF) today expressed grave concern over the Kuwaiti Parliament’s approval last week of severe new penalties for blasphemy. The Emir of Kuwait has 30 days to approve these penalties before they would become law. The new provisions would impose the death penalty on Muslims who refuse to repent after being found to have insulted God, the Prophet Mohammad, his wives, or the Qur’an. For non-Muslims, the punishment would be up to 10 years in prison; for Muslims who repent, the punishment would be up to five years or a fine.

“These penalties are alarming and contrary to international human rights standards. It is particularly regrettable that a strong ally of the United States and a member of the UN Human Rights Council has taken these steps,” said Leonard Leo, USCIRF Chair. “The Kuwaiti parliament’s approval is especially unfortunate in light of the new consensus resolutions at the Human Rights Council – adopted in both 2011 and 2012 — that focus on fighting religious intolerance, discrimination, and violence without restricting speech.”

USCIRF urges the United States to work with Kuwait to address concerns about intolerant speech through counter-speech and positive measures, including education and outreach, as provided for in Human Rights Council Resolution 16/18. The U.S. government also should urge the Emir of Kuwait to reject the pending blasphemy law amendments and focus instead on criminalizing only incitement to imminent violence. Such a reform would make Kuwaiti law consistent with international human rights standards and the intolerance resolutions that Kuwait supported at the UN.

“These draconian provisions should be rejected because they would place individuals’ lives in jeopardy for exercising their internationally-guaranteed freedoms of religion and expression,” said Leo. “As has been evident during the years USCIRF has monitored religious freedom violations around the world, blasphemy laws do not promote religious harmony as their proponents assert; rather, they exacerbate religious intolerance, extremism, and violence.”

Dr. John Bruchalski Presentation “The Struggle Making Abortion Safe, Legal, and Rare” at Med Students for Life 2012 National Spring Tour

Dr. John Bruchalski, a former abortionist and now pro-life OB/GYN, is the founder of the Tepeyac Family Center in Fairfax, Virginia which is one of the only all pro-life OB/GYN health care practices in the nation. He is a dynamic and engaging speaker whose story and style reaches people on all sides of the culture battle and shows them the value of an evidence-based approach to medicine and the value of treating the whole person. The following Med Students for Life video presentation was recorded at University of Medicine and Dentistry of New Jersey forum. (Appx. 45 min.)

China Cracks Down on Journalists for the First Time in 14 Years

Respected journalist Melissa Chan of Al Jazeera English was forced to board a flight out of Beijing this week after Chinese officials refused to renew her visa. Chai Ling, founder of All Girls Allowed, commended Chan for boldly pursuing leads on stories of human rights abuses. “Melissa Chan is a model for investigative reporting in China,” said Chai. “I hope others will follow her lead in giving a voice to the voiceless and fulfilling the highest calling in journalism.”

In 2010, Chan documented the immediate aftermath of a forced abortion. She interviewed a mother after officials beat her severely, restrained her, and then injected chemicals that aborted her pregnancy at 8 months. During Chan’s interview, the mother was in the hospital waiting to undergo a surgery that would remove the dead infant.

Censorship in China is nothing new, but Beijing has typically refrained from taking the dramatic step of expelling a journalist. The last time this happened was in 1998. “The action speaks for itself,” said Chai. “They do not plan to end the One-Child Policy and other abuses any time soon, so they threaten and remove the journalists who bravely expose these things to the public.”

“Chinese authorities are trying to intimidate the press to extend the reach of their censorship overseas,” said Chai.

It is a tactic that has worked well before, especially with regard to criticism of the One-Child Policy. For fear of losing their visas, other journalists may now be more hesitant to delve into topics that might raise the ire of the Chinese government. Chai Ling is concerned that this will affect coverage of the One-Child Policy and forced abortion, especially following the Chinese government’s embarrassment at the coverage last week of lawyer Chen Guangcheng’s extralegal detention and escape.

Chen was imprisoned because of his advocacy for women who faced forced abortions and sterilizations, but the media coverage of his escape has barely touched upon the stories of these women. Chai Ling said: “I call upon journalists to continue sharing the stories of the women that Chen sought to protect—the same stories that Melissa Chan exposed so boldly. To remain silent on these ongoing abuses is to give a victory to those who impose them. Silence also brings a further defeat to Chinese citizens who are pushing for the reforms that their country desperately needs.”

All Girls Allowed invites journalists who are interested in sharing these women’s stories to contact our office at the address and number below. We welcome your inquiries and look forward to hearing from you.

All Girls Allowed (http://www.allgirlsallowed.org) was founded by Chai Ling in 2010 with a mission to display the love of Jesus by restoring life, value and dignity to girls and mothers in China and to reveal the injustice of the One-Child Policy.

Read more: http://www.allgirlsallowed.org/china-cracks-down-journalists-first-time-14

Are Judges More Hostile to Religion Than Founding Fathers Intended?

A recent poll conducted by Ramussen Research shows most Americans answer yes to the question whether judges are more hostile to religion than the founding fathers planned.

Fifty-three percent (53%) of American Adults now believe rulings by judges in recent years regarding religion in public life have been more anti-religious than the Founding Fathers of the country intended. The Rasmussen national telephone survey found that 28% disagree and believe the judges have correctly interpreted the U.S. Constitution. Nineteen percent (19%) were not sure.

What did the founders intend? The survey does not explore that question, but the Constitution does give us a good idea of their plan. The First Amendment to the Constitution states “Congress shall make no law respecting the establishment of religion, or prohibiting the free exercise thereof….” If Congress cannot not make laws to establish any particular religion or prohibit the exercise of religious views, the Courts cannot interpret laws respecting religion and its private or public practice. However, what states do concerning establishing religions and religious practices is not the business of federal Courts or activists members like the ACLU lawyers. That seemed to be at least part of founders plan.

TMLC Files Lawsuit Challenging the HHS Mandate On Behalf of Legatus – Nation’s Largest Organization of Top Catholic Business Leaders

The Thomas More Law Center, a national public interest law firm based in Ann Arbor, Michigan, announced it has filed a federal lawsuit challenging the HHS mandate, on behalf of Legatus, the Nation’s largest organization of top Catholic business CEOs and professional leaders.

Also joining in the lawsuit as Plaintiffs are the Weingartz Supply Company, a Michigan retailer since 1945, and its President who is a member of Legatus. The 42-page Complaint was filed late yesterday afternoon against the Obama administration in the Federal District Court for the Eastern District of Michigan.

Legatus” is the Latin word for “ambassador”, and its members are called upon to become “ambassadors for Christ” in living and sharing their Catholic Faith in their business, professional and personal lives. It was founded in 1987 by Tom Monaghan, the former owner of Domino’s Pizza, to bring together the three key areas of a Catholic business leader’s life – Faith, Family and Business. The lawsuit was filed on the 25th Anniversary of its founding. Legatus currently has over 4,000 members in 73 chapters located in 31 states.

The first paragraph of the lawsuit succinctly sets forth the nature of the case:

“This is a case about religious freedom. Thomas Jefferson, a Founding Father of our country, principal author of the Declaration of Independence, and our third president, when describing the construct of our Constitution proclaimed, ‘No provision in our Constitution ought to be dearer to man than that which protects the rights of conscience against the enterprises of the civil authority.’”

Richard Thompson, President and Chief Counsel of the Thomas More Law Center commented, “Whether you are a Catholic or Protestant or have no religion at all, the free exercise of religion and right of conscience is our most fundamental human right and must be vigorously defended on behalf of all Americans. Or else our constitution becomes nothing more than a piece of paper with nice sounding words. That’s why I believe every American regardless of religious beliefs has a stake in the successful outcome of this lawsuit.”

The purpose of the lawsuit is to seek a court ruling that permanently blocks the implementation of the HHS Mandate requiring employers and individuals to obtain insurance coverage for abortions and contraception on the grounds that it imposes clear violations of conscience on Americans who morally object to abortion and contraception.

The lawsuit challenges the constitutionality of the HHS Mandate under the First Amendment rights to the Free Exercise of Religion and Free Speech and the Establishment Clause. It also claims that the HHS Mandate violates the Religious Freedom Restoration Act and the Administrative Procedure Act enacted by Congress.

Thomas More Law Center attorney, Erin Mersino, is the lead counsel in the lawsuit. Joining as co-counsel is the Law Office of Charles LiMandri, the Law Center’s West Coast Regional Director and a member of Legatus.

Named as Defendants in the lawsuit are Kathleen Sebelius, Secretary of the Department of Health and Human Services; Hilda Solis, Secretary of the Department of Labor; Timothy Geithner, Secretary of the Department of Treasury; and their respective departments.