An interesting reasoning that Judge Alan Kay used to uphold the law (emphasis mine).

HONOLULU (BP) — A federal court has refused to legalize gay marriage in Hawaii, ruling the issue is best addressed by the legislature and that the current law — which defines marriage as between a man and a woman — does not violate the U.S. Constitution.

The ruling by Judge Alan. C. Kay Wednesday (Aug. 8) broke a string of court losses by traditionalists on the subject of gay marriage.

At issue in Hawaii was a constitutional amendment passed by voters in 1998 giving the legislature the power to define marriage in the traditional sense, which legislators subsequently did.

A lesbian couple and a gay man filed suit in federal court last year against Hawaii officials, arguing the amendment and law violated the Due Process and Equal Protection Clauses of the U.S. Constitution. But Kay, nominated by President Reagan, ruled the legislature had a rational interest defining marriage as between a man and a woman.

"Throughout history and societies, marriage has been connected with procreation and childrearing," Kay wrote in his 117-page decision. "… The legislature could rationally conclude that on a societal level, the institution of marriage acts to reinforce ‘the important legal and normative link between heterosexual intercourse and procreation on the one hand and family responsibilities on the other.’"

The legislature, Kay wrote, could "also rationally conclude that other things being equal, it is best for children to be raised by a parent of each sex."

"Both sides presented evidence on this issue and both sides pointed out flaws in their opponents’ evidence," he wrote of parenting. "Thus, the Court concludes this rationale is at least debatable and therefore sufficient."

The issue, Kay added, is up to the legislature.

He deferred to the legislature when the point was debatable. What’s very interesting about this is that it is essentially the reasoning Supreme Court Chief Justice John Roberts used to uphold ObamaCare; a decision that liberals hailed. While Roberts rewrote the law to make the individual mandate a tax (not something I agree he could or should do), he then concluded that it was within Congress’ power and deferred to them.

This is the very opposite of judicial activism, and what they’re supposed to do; judge the law and not redefine it.

Does Andrea Mitchell of NBC really thing that’s in the Constitution, or is an inalienable right from the Creator? From yesterday evening’s NBC Nighty News:

MITCHELL: Playing a starring role for the first time in the campaign, Sandra Fluke, the former law student who became a lightning rod after Rush Limbaugh denounced her for supporting contraception rights.

I don’t think that phrase means what you think it means. I don’t really believe that it even exists.

Every time the Left wants you to pay for something, it reframes it as a "right". Don’t be fooled.

Got our last shot at a family summer vacation recently, which is why I’ve been quiet around here. Niagara Falls was wonderful. Thanks for asking. And actually it wasn’t the entire family. My son had marching band camp last week, so my wife stayed here with him for that. Band camp was so early because school starts so early; August 6! And there are some metro Atlanta schools starting this week, in July! Maybe they’re trying to ease us into year-round school.

Over vacation, something of a brouhaha got started around a statement by Chick-fil-a CEO Dan Cathy.

The company invests in Christian growth and ministry through its WinShape Foundation (WinShape.com). The name comes from the idea of shaping people to be winners.

It began as a college scholarship and expanded to a foster care program, an international ministry, and a conference and retreat center modeled after the Billy Graham Training Center at the Cove.

"That morphed into a marriage program in conjunction with national marriage ministries," Cathy added.

Some have opposed the company’s support of the traditional family. "Well, guilty as charged," said Cathy when asked about the company’s position.

"We are very much supportive of the family — the biblical definition of the family unit. We are a family-owned business, a family-led business, and we are married to our first wives. We give God thanks for that.

"We operate as a family business … our restaurants are typically led by families; some are single. We want to do anything we possibly can to strengthen families. We are very much committed to that," Cathy emphasized.

Combine this with previous statements and look at where the Cathy’s give money, and the worst-kept secret of Chick-fil-a was "exposed"; the Cathy’s are against same-sex marriage.

This prompted shock — SHOCK — among a group of big city mayors. Boston mayor Tom Menino:

“There’s no place for discrimination on Boston’s Freedom Trail,” Menino wrote to Cathy in a July 20 letter, “and no place for your company alongside it.”

Los Angeles mayor Edwin Lee:

“Closest #ChickFilA to San Francisco is 40 miles away,” tweeted San Francisco Mayor Edwin Lee on July 26, “& I strongly recommend that they not try to come any closer.”

And Chicago mayor Rahm Emanuel said something similar.

All this because the CEO of Chick-fil-a has the same position on same-sex marriage that President Obama had up until six months ago.

“I believe that marriage is the union between a man and a woman. Now, for me as a Christian — for me — for me as a Christian, it is also a sacred union. God’s in the mix.” – April 17, 2008, while running for president, defining marriage at the Saddleback Presidential Forum.

The previously link Washington Post story also has this addendum.

Since making their initial comments, Boston Mayor Tom Menino and Chicago Mayor Rahm Emanuel have sought to clarify that they do not intend to use city resources to block Chick-fil-A’s permitting efforts on account of CEO Dan Cathy’s political or religious views. They stand by their comments, however, that the stores do not belong in their cities.

So no organization who’s CEO’s personal beliefs don’t line up with the mayor’s is not welcome. This from the "tolerance" brigade? Does anyone on the Left side of the aisle see the irony here?

And if it’s just about same-sex marriage, why this?

After supporting a call to block Chick-fil-A over the religious views of its management, the Chicago mayor welcomed an army of men dispatched to his streets by Nation of Islam leader Louis Farrakhan, the Chicago Sun Times reported Wednesday.

Islam doesn’t permit same-sex marriage, either. In fact, in Islamic countries, homosexuals are killed. No (honest) Christian is suggesting that be done. If you accuse Christians of having a persecution complex, you must reconcile shunning a Christian-owned business over a widely held Christian belief with welcoming Muslims that have the exact same one.

And this just in: I hear that, in order to faithfully represent the values of Rahm Emanuel’s Chicago, Chick-fil-a will now start murdering people and selling meth. But maybe that’s just a rumor.

Finally, Mike Huckabee has organized a "buy-cott" of Chick-fil-a for tomorrow, August 1st. There’s an official Facebook event page for it that Huckabee started, as well as one that suggests taking a picture of the restaurant you go to in order to show how big the crowds are. I’ll see you there.

Michelle Obama thinks so.

There is no better place than church to talk about political issues because they are ultimately moral issues, First Lady Michelle Obama told a church gathering on Thursday.

“To anyone who says that church is no place to talk about these issues, you tell them there is no place better – no place better,” Obama told the African Methodist Episcopal Church’s 49th general conference, held in in Nashville, Tenn.

“Because ultimately, these are not just political issues – they are moral issues,” she said. “They’re issues that have to do with human dignity and human potential, and the future we want for our kids and our grandkids.”

When the political and the moral intersect, I agree that churches should not be afraid to take a stand on an issue (and shouldn’t lose it’s tax-exempt status when doing so). So I’m glad to hear Mrs. Obama talk about this.

But does anyone want to guess what the "separation of church and state" crowd would have done if Laura Bush had said the same thing? I think we all know what reaction they would have had. So bookmark that page for when they get their voice back. (They’ve been rather quite for, oh, about 4 years now.)

Tupperware parties are sooo Bush-era. The USDA is now suggesting  you throw a Food Stamp party to let folks know in on the free stuff. (Link is to a PDF file.)

Throw a Great Party. Host social events where people mix and mingle. Make it fun by having activities, games, food, and entertainment, and provide information about SNAP. Putting SNAP information in a game format like BINGO, crossword puzzles, or even a “true/false” quiz is fun and helps get your message across in a memorable way.

The document gives you new and "fresh" ways to tell seniors about the program. Try that at your next get-together.

Yeah, haven’t posted in a while. I’ve been working on another side project that may or may not pan out. We’ll see. In the meantime, it’s time to play some catch-up on the wrap-up.

No, I don’t believe Obama was born in Kenya, but he certainly let that image get out years ago, and only recently stopped that. As late as 2004, even the Associated Press was referring to "Kenyan-born" Barack Obama. Laugh all you want at the birthers, but they at least had this sort of thing to back them up (for a while).

The Family Research Council has a count of the number of states that have legislated against same-sex marriage. Depending on how you choose what kind of legislation (law, constitutional amendment, etc.), the number changes, but here’s the biggie. "Number of states which currently (May 2012) grant marriage licenses only for unions of one man and one woman:   44" Remember that when you see polls about what people supposedly think about it.

And don’t try to press Martin Luther King into service to that particular cause. He followed his religion in this regard.

“The Iranian nation is standing for its cause that is the full annihilation of Israel.” Their words.

Civility Watch: "Union Leader Takes Bat to Pinata Depicting Gov. Nikki Haley (R-S.C.)"

Michael J. Fox realizes that stem cells, as good as they are, were never some magic cure-all.

Advances in the war:

A record-low 41 percent now identify themselves as “pro-choice,” down from 47 percent last July and 1 percentage point down from the previous record low of 42 percent, set in May 2009. As recently as 2006, 51 percent of Americans described themselves as “pro-choice.”

And speaking of the war, the actual, physical war on women by Planned Parenthood gets exposed by hidden camera videos. Predictably, the media yawns.

Further, "Congressional Black Caucus Upset By Pro-Life Black Americans". Those tolerant folks.

The Washington Post took 20 years to realize that Dan Quayle’s argument against the TV show Murphy Brown was right. It took Candace Bergen 10 years herself. And of course some of us knew that from the beginning.

And finally, oh, that liberal media.

Mitt Romney, a real community organizer.

Record-breaking attendance at Canada’s March for Life. Over 19,000 people participated. Support is growing.

Around the world, Obama has become something of a disappointment. He talked a good game, but was a bit short on follow-through.

However, the President has certainly had his share of ‘firsts’ while in office. Doug Ross enumerates 3 dozen of them.

If you personally know thieves that otherwise live their lives with "goodness and holiness", does that mean thieving is, therefore, condoned? This press release from the Episcopal Diocese of Washington, DC seems to suggest that.

RIP OWS. We hardly knew you (and I think you hardly knew yourself).

After being voted down unanimously in the House, Obama’s budget is unanimously voted down in the Senate. One word: Leadership.

An admission that environmentalists sat on their hands during the BP oil spill because Obama was in the White House. Again, for the Left, it’s always political. Principle always gets the back seat.

And finally, what’s next to "evolve"? (Click for a larger version.)

The Southern Poverty Law Center, who (supposedly) goes after hate groups, admit, “We’re not really set up to cover the extreme Left.” Once again, it’s all political with the Left. Hate is only hate if it’s right-wing hate.

Life is wasted without Jesus. That’s a pretty benign Christian aphorism. You can agree or disagree, but is it hate speech? It is in Canada.

The Post Office, supposedly, allegedly privatized, is going to cost the taxpayers $34 billion dollars. It could cut costs, but Congress won’t let it.

A 20+ year study proves conclusively that outlawing abortion does not lead to "coat hanger deaths". Bonus: NARAL co-founder admits they made up numbers to garner sympathy for their cause.

Foiled bomb plots: Occupy Wall Street – 1, Tea Party – 0. The same goes for dozens of incidents (enumerated at the link) that, had they happened at a Tea Party rally, would have headlined national news for day. (I know this because charges of racial epithets with no actual proof did just that.)

VP Joe Biden lauds NBC for moving American towards same-sex marriage. How? “I think ‘Will & Grace’ probably did more to educate the American public than almost anything anybody’s ever done so far.” The next time someone tells you "It’s just a TV show" or "Just change the channel" for complaining about TV show content, ask them to get a new writer. The old script is a lie.

And speaking of same-sex marriage, Nancy Pelosi seems to think that her religion provides the reason why she must act against her religion on the matter.

For what it’s worth, "An official from Iran has refuted claims of plans to execute imprisoned pastor Youcef Nadarkhani, who has been imprisoned for almost three years on accusations of apostasy, a crime where one disaffiliates themselves from a religion." This from a country not even holding to its own laws regarding the case.

Ask not what you can do for your country, ask what your country can do for Julia.

Extremists? I don’t think that word means what you think it means. And here’s an article I wrote in 1996 regarding another right-wing extremist you’re sure to know.

Looks like Mitt Romney’s school days will be vetted by the media more than Obama’s ever was. Too bad their first attempt failed so badly.

And finally, the recent European elections in perspective. (Click for a larger image.)

Being on a business trip for a week makes it hard to keep up with blogging. And being on the US west coast helps with the realization that the world doesn’t revolve around Eastern time.

On with the links.

Obama is invoking Reagan a lot these days, trying to promote his agenda. But as Steven Hayward notes, Obama takes Reagan’s words out of the context of the politics and the times in which they were spoken.

Just prior to Reagan, Jimmy Carter worked with the dictatorship of North Korea to send food in return for not pursuing  nukes. In light of the recent (failed) N. Korea missile launch, you have to wonder why we thought it was a good idea to strike bargains with megalomaniacs.

The Hillary Rosen remarks, condemning Anne Romney for being a stay-at-home mom tipped the hand of the Democrats as to what they really think of women who make that choice. (Because, as with everything else from the Left, it’s not about the principle so much as it is the politics). On the Right, some were suggesting that we don’t need to worry about this because it means stooping to their level to respond to "Rosen-gate". But Ben Howe points out that, yes, this issue is worth our time and effort to respond to.

Irony Alert: For the third year in a row, Democrats punt on the budget, while at the same time accusing the Paul Ryan budget of being irresponsible.

Abortion as religion, with Planned Parenthood writing the prayer book.

A federal government out of control. Without any evidence, Attorney General Eric Holder took a woman to court for obstructing the entrance to an abortion clinic. The judge threw out the case and ordered the government to pay $120,000 to the woman. Yes, it’s good that the woman was compensated, but this case should have never gone to court.

I think Julian Assange has been irresponsible for dumping secret data that, in many cases, has put lives at risk or tipped our hand to enemies. Still, it’s nice to know that, in all that, George W. Bush has been vindicated in his handling of the Iraq/WMD situation.

I agree with the sentiment that the teen’s shirt said, "Jesus Is Not A Homophobe". However, I also think that the folks he thinks need that message aren’t, for the most part, homophobes either, if, by "homophobe" you mean "someone who agrees with 2000 years of Christian teaching".

Global Warming Update: "The number of [polar] bears along the western shore of Hudson Bay, believed to be among the most threatened bear subpopulations, stands at 1,013 and could be even higher, according to the results of an aerial survey released Wednesday by the Government of Nunavut. That’s 66 per cent higher than estimates by other researchers who forecasted the numbers would fall to as low as 610 because of warming temperatures that melt ice faster and ruin bears’ ability to hunt."

James O’Keefe is at it again. He, a white guy, to prove that voter fraud really is simple, something that Attorney General Eric Holder denies, was able to (almost) vote in the primary as Eric Holder himself, a black guy. Extremely easy.

An atheist who threatened to sue over a Nativity scene, was helped in his time of need by the very Christians he had threatened. Result: He’s now a Christian preparing to enter the  ministry.

John Stossel, libertarian and (when he was at ABC News) a contrarian in the media, describes the liberal bias at his old network.

Ever since Jimmy Carter got snookered by giving food to North Korea in exchange for an empty promise not to pursue nukes, we keep hoping that they’ll change their mind about belligerence if we bribe them well enough. It hasn’t worked, and it won’t work. A dictator that will spend who knows how many millions on a missile program while his country starves is patently not concerned about his people. Period. No amount of appealing to his better nature will change that. Now that N. Korea has test launched (what Rick Moore calls) a "three-stage artificial reef", now we’re serious. Now we mean business. Well, I’ll believe it when I see it.

Civility Watch: "Moderate Caucus" chairman, a Democrat, tweets, "Cheney deserves same final end he gave Saddam. Hope there are cell cams."