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Do
We Need a Protection
of Marriage Act?
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News
Analysis - Second in Series
Feminists Want Protection of
Marriage' to Fail

Feminist Cheryl Jacques
is so concerned that the Protection of Marriage Act will
pass that she left her seat on the Judiciary panel to go
down and testify against the bill. |
What
They Do Wish to Happen in Massachusetts?
First in Series:
Who Will Raise
the Children?
Third in
Series
Vermont Court Warned
Its Citizens, It Could Be Destabilizing
Marriage
By Atty. J. Edward Pawlick
Attorney at Law
June 2001
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The
Vermont experience has momentous implications for
Massachusetts mothers and families. The
"family," as it has been known for centuries, is
no longer the cornerstone of Vermont society. It is only
one of many methods of raising children. The Vermont
Supreme Court says this might "destabilize" the
institution of marriage and affect it in
"unpredictable ways." Do we want to take the
risk of "destabilizing" marriage in our state?
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The
seven lawyers who sit on the Supreme Court of
Massachusetts (SJC) are poised to approve the suit which
was filed in Boston in April for "gay marriage."
This would Amend the Constitution without going through
the Amendment process. In this way, the feminists would
bypass the citizens who can express their opinions only
through their legislators or by a referendum. Some lawyers
are concerned that the judges on the SJC will even approve
a Temporary Injunction if one is imposed by the trial
court. (This would mean that the court believes the
plaintiffs are so likely to prevail that it will order the
relief immediately, even before the trial has started.)
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The
feminist Chief Justices of the SJC and the Superior Court,
Margaret Marshall and Suzanne DelVecchio, have already
indicated their approval of the suit.
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Because
Massachusetts has officially recognized and protected its
homosexuals - both the legislature and the judiciary have
done so - we will therefore be in the same position as
Vermont was. The legal logic used by the Vermont court
would require that the SJC create homosexual marriage in
Massachusetts. (The SJC held in 1993 that a lesbian could
adopt her partner's child even though there was nothing in
the law that allowed her to do so. In 1999, it allowed a
lesbian to demand visitation to a child born to her former
partner even though no law permitted this and the mother
called it an intrusion upon her parental rights.)
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Massachusetts
courts have demonstrated a strong desire to protect the
rights of homosexuals and will undoubtedly find a
constitutional right to homosexual marriage. Therefore,
there is a necessity of urgency for the Defense of
Marriage Act.
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Otherwise,
seven lawyers (with black robes) will be making that
momentous decision for millions of people in
Massachusetts.
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There
is no law that the citizens of Massachusetts can pass,
whether by the legislature or by referendum of the people,
that will insulate the state from homosexual marriage if
our Supreme Court chooses to impose it. The only method
that would accomplish this would be an Amendment to the
state Constitution.
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However,
the Court is also a political institution and would
probably not directly thwart the expressed desire of a
large majority of the people.
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If
the Court does change the definition of marriage, the
legal logic would also require the following. A columnist
in Boston's homosexual newspaper, Bay Windows, raised the
point last year that if two homosexuals can raise a child
successfully, why couldn't a group of three do it even
better? Her article was titled, "Is Monogamy
Normal?" It is impossible to argue against that as a
strictly legal principle if we change the definition of
marriage. She says that "polyamorists" have 250
web and in-person support groups. She noted a case in Time
magazine about a woman who lived with her daughter and two
men. A grandmother petitioned for custody. The columnist
believes, "We all practice some degree of polyamory
in our lives, and it's essential to our well being. Some
of us should practice even more than we do." Can
anyone argue with that logic when we've all seen children
raised by an extended family of grandmothers, aunts and
uncles?
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Can
we logically deny that many people have successfully been
raised by three or four relatives? Is there any logical
reason to deny health and other benefits to those people?
How about a commune? Where will you stop?
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A
basic decision about morality was made by the U.S. Supreme
Court in 1986. It said our laws are "constantly based
on notions of morality, and if all laws representing
essentially moral choices are to be invalidated under the
Due Process Clause, the courts will be very busy
indeed." It refused to decide whether a state was
wrong when it made the moral judgment that sodomy is a
crime. The Supreme Court says that we, the citizens, are
constantly making decisions about morality every day. It
is part of our duty as citizens in a democracy.
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What
should we do about the intelligent, professional adults
who say that they help children by having sexual relations
with them? Many professionals agree with them. Can we
prove with logic that these people are not correct? They
will argue that they are discriminated against and should
be allowed to marry and adopt children. The American
Psychological Association caused a brouhaha last year when
it published a study which indicated that these people can
have a positive influence on a child. It said that we
should eliminate the use of "judgmental terms"
such as "child abuse," "molestation,"
and "victims." We should use neutral, value-free
terms like "adult-child sex." We should not talk
about "the severity of abuse," but instead refer
to "the level of sexual intimacy." After great
pressure, including a resolution from Congress, the APA
apologized for printing the study. The American
Psychiatric Association also changed its diagnostic manual
a few years back so that a person no longer has a
"disorder" simply because he "molests"
children. To be diagnosed as "disordered," the
psychiatrists look to the psyche of the adult. If the
adult does not feel anxious about the relationship with
the child or if he is not impaired in his work or social
relationships, then he has no "disorder." Can we
deny these people the right to marry and defend that
position in court if we change the definition of marriage?
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If
lawyers make the fundamental decisions about families,
that legal logic will be followed by the courts.
Therefore, if three women are raising two children and
Jane receives health benefits from Mary's employer, how
about Barbara? How could we logically discriminate against
her and arbitrarily limit marriage to only two people when
she gets sick or deny her Social Security benefits when
Mary dies?
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How
about a man with two wives, Betty and Joan? Can we give
life insurance benefits to Betty and not to Joan?
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The
"destabilization" of the family will be a
fundamental assault on the mothers who wish to nurture
their babies and raise their children with the help and
support of the father. There are many women who have no
support from the men who sired their children. A large
number of them are understandably angry and bitter and
wish to change the system.
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If
our values are going to be determined solely by legal
logic, the ultimate test of fairness will be that everyone
- both men and women - must work and the children must be
raised by the state.
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Another
study that was published by the American Psychological
Association last year said that fathers are not
"essential" for children. It said they can even
be a detriment because of the male tendency to consume
"resources in terms of gambling, purchasing alcohol,
cigarettes, or other nonessential commodities," which
"increase women's workload and stress." The
authors admit they have a strong political agenda,
"We acknowledge that our reading of the scientific
literature supports our political agenda," they said.
The "agenda" is to create a socialist state such
as exists in Sweden. Their present concern is with what
they see as a "backlash" against "the gay
rights and feminist movements." They believe that any
attempt to reintroduce the father into the American
culture through the use of marriage is "an attempt to
reassert the cultural hegemony of traditional values, such
as heterocentrism, Judeo-Christian marriage, and male
power and privilege." The article was the lead story
in the June 1999 issue of the American Psychologist, which
is the only publication sent to every member of the
organization and which is used routinely to espouse the
viewpoint of the APA leadership.
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There
are many questions to ask before we plunge down the road
of uprooting the basic foundation of most people's lives.
We are seeing profound changes taking place. Do we
understand them? The most important point is what will
this do to the stability of the woman who wishes to stay
at home with her children? The Vermont court agrees that
no one knows.
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The
proposed law would insulate the state from having to
recognize a "gay marriage" or "domestic
partnership" that was performed in another state.
This could also be accomplished by an amendment to the
state Constitution.
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