While many of us have been concerned about the unilateral imposition of homosexual marriage upon the nation by judges, there is a much more insidious threat to the traditional family wending its way through the federal courts. If the ruling in question is upheld, it would eliminate any notion of traditional family as a special institution.
Let's give a little background. Two men were arrested on drug charges and accepted plea deals. This subjected them to certain federal rules while on probation and parole.
When they were released, both were subject to Standard Condition No. 9 of federal probation, which says that a convicted felon on probation "shall not associate with any person convicted of a felony, unless granted permission to do so by the probation officer." Mangini's and Roberts' probation officers did not give them permission to associate with each other.This is when the conviction of two drug dealers was converted into an opportunity to change the legal status of the traditional family.
Assisted by attorneys from the American Civil Liberties Union, Roberts and Mangini brought a case in federal court.
The rules for enforcing Standard Condition No. 9, it turns out, include a blanket exception that allows a convicted felon on probation to associate with another convicted felon if they are spouses or blood relatives. Mangini and Roberts claimed this unfairly discriminated against them, violating their rights to "due process" and equal protection of the law under the Fifth Amendment.
"They considered, and still consider, themselves to be spouses," Judge Katz explained in his July 31 opinion. "Defendants were in every way a family."
The judge pointed out that the two men took in Roberts' niece as a foster child; and at one point in his opinion, he called them the niece's "two fathers."
After some legal wrangling, a federal judge has ruled that, under Lawrence v. Texas, any people who claim an "intimate association" must be given the same rights as a married couple or a family. Forget homosexual marriage -- this opens the door for any many of relationship being magically transformed into a legally recognized "family".
Dude -- who stole my country?
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Comments on Does "Family" Mean Anything?
Don't worry, Greg, nobody is going to impose homosexual marriage on you. And you're absolutely wrong that Judge Katz's opinion gives all people the same rights as married couples or a family. Flat out wrong. That's just fear-mongering - and, as usual, inaccurate fear-mongering.
|| Posted by Dan, August 23, 2007 05:20 AM ||All you have to do is label it an "intimate association" and the government cannot keep you apart -- that is the implication of this ruling. You can try to deny that, Dan, but there is no other way of reading it.
This is the back door to homosexual marriage and polygamy, over the opposition of the American people. The proper, and legitimate, way of getting such things is via the legislative process, not judicial fiat.
|| Posted by Rhymes With Right, August 23, 2007 05:41 AM ||No, this ruling is not the "back door" to anything (snicker, snicker). It's a fairly narrow ruling without any national impact. It applies to Mr. Mangini and Mr. Roberts - not to you. Only a rightwing fearmonger would claim that it "imposes homosexual marriage" on anyone.
But, just in case you are correct, I call dibs on Paul Newman. If, as you claim, the courts are going to impose homosexual marriage on me, he seems like a pretty decent choice.
|| Posted by Dan, August 23, 2007 05:56 AM ||You know, with your fear of homosexual marriage being imposed on you, and your reference to a "back door to homosexual marriage", you might, just might, want to look into scheduling a session with s Freudian psychologist. Just a friendly suggestion . . .
|| Posted by Dan, August 23, 2007 06:17 AM ||Gee, Dan, I'm glad I can entertain you on a fourth grade level.
However, if upheld this ruling is not nearly so limited. By establishing that any combination of adults can be an "intimate association" under Lawrence v. Texas, it creates a de facto federal recognition of either gay marriage or civil unions, as well as polygamy.
|| Posted by Rhymes With Right, August 23, 2007 02:41 PM ||Until, of course, the next judge dealing with a claimed "intimate association" under Lawrence v. Texas takes this decision as precedent.
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