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Supreme Court Case Pits Religious Versus Gay Rights

March 24, 2010 by  

Supreme Court case pits religious versus gay rights Americans United for Separation of Church and State, the American Jewish Committee and the Religious Action Center of Reform Judaism have filed a friend-of-the-court brief with the United States Supreme Court in support of the University of California Hastings School of Law, whose nondiscrimination policy has been challenged by a religious group.

The case was originally brought by the Christian Legal Society (CLS) whose Hasting chapter was denied official university recognition and funding because it would have violated the law school’s anti-bias policy. CLS bars gay members from joining, and as such does not conform to the public university’s policy which prevents discrimination based on sexual orientation, Inside Higher ED reported.

“Because CLS does not need to be an official student group to communicate its message effectively to the Hastings student body the group’s First Amendment interest in discriminating against non-believers and the university’s interest in ensuring that its sanctioned extracurricular activities are open to all students are not incompatible,” the brief states.

Other organizations that have filed briefs in support of the school include American Council on Education, Lambda Legal and Gay & Lesbian Advocates & Defenders (GLAD).
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  • naturalist

    Which side are the Boy Scouts of America on?

    • EatMe

      their stomachs? sorry bad taste joke

      • laura

        Your sick person , you need help. GOD STILL LOVES YOU.

  • Don Tremaine

    This is stupid, a Christian school can not be forced to accept a concept that is against their beliefs. It’s a clear violation of the first amendment. Freedom of religion, not freedom from religion. Homosexuals should not be considered any different by “public” entities. However, any “private” establishment has the same right to refuse service or entry by those they choose inappropriate. An individual right does not translate into another persons forced mandate. It is the government that must have a blind eye, not individuals. Every individual has the right to choose their beliefs; they can choose to accept or deny homosexuals. I know this is contrary to the progressive liberal view, but they go too far. No one should be allowed to hurt another unless in self defense. I am not anti gay, I’m not a racist. I’m pro freedom for all; not just the fringe groups. No ones rights should trump anothers.
    Don

    • laura

      Don,
      Very well said and completely accurate.

      Laura

    • LJR

      Finally, someone who knows what they are talking about. How refreshing!

    • Hugh Jordin

      Something the Tea Bags can be very proud of (and they consider themselves stalwart Americans and good Christians):

      A crowd of tea partiers shouted the “n word” at Congressman John Lewis, a former civil rights leader who marched with Dr. King. They yelled homophobic epithets at Rep. Barney Frank, an openly gay congressman. And one protester actually spat on a Black member of Congress.

      Then this week, Democrats who voted for reform began receiving death threats—one had a coffin left on his lawn and another was told snipers would kill the children of lawmakers who voted yes.2 Several Democrats had their district offices vandalized, and a gas line was cut at a home that tea partiers mistakenly believed belonged to Rep. Tom Perriello.

      A few Republicans have spoken out against the racism and violence, but most are still treating them as “isolated incidents.” They are not isolated. They’ve been part of Republican-supported tea parties for almost a year and they’re a natural consequence of telling people that reform is a totalitarian plot.5

      It’s an outrage, and no American should tolerate it, even those on the right. Many on the left though Bush was off track, but nothing even close to this occurred.

  • Alisha Watkins

    tHANKS FOR SPEAKING THE TRUTH SO PLAINLY.

  • Tez

    I never understood why gay people think they have a “right” based on their sexual preference. It was their choice and no one forced them to do what they are doing.

    • LJR

      WOW! Another one who is refreshingly correct!

    • Smilee

      Why should you or anyone else be able to force them not to if they want to, ain’t really anyone’s business but theirs, would you like others making decisions about your sex life and sexual orientation?

      • laura

        smilee do you know what “ORIENTATION” means a “A FUNCTION OF THE MIND” not a biological function deciding to be gay is a function of the mind and SCIENCE has not been able to prove other wise.
        Laura

        • laura

          OH I almost forgot GOD BLESS YOU.

          • EatMe

            Actually, it has been proven that homosexuality in human beings is not a choice, but something that people are born being. Like yourself, I’m assuming by your very judgmental responses, that you’re straight. Why is that any different? Was that a choice? Or was that something you were from birth? Have you always liked boys? Can you look back on your childhood and see that you’ve always liked males? Ask any homosexual. They will tell you that looking back to their childhood, there were always signs. The reason that most people choose to keep it hidden (forever or a little while) is because of judgmental A-holes like yourself who claim to be Christian or at least a believer in God (from your “God Bless you” comments)… One of the biggest things He tells us, is DO NOT JUDGE! Anyhow, this hypocritical, judgmental, and ignorant society we live in, is pathetic. Is their homosexuality affecting your life? Your children’s lives? Are you out of a job because someone, somewhere is gay? Are you without a car or food because Joe Blow (no pun intended) is gay? Has the electricity gone out in your house because two girls are having sex in France? Didn’t think so. homosexuality isn’t hurting anything but people’s PERSONAL beliefs and views… Is your heterosexuality offensive to anyone? How about heterosexual divorces? If being heterosexual is so goddamn great, and their marriages are so goddamn sacred, why is there divorce? incest? abuse? Maybe heterosexuality isn’t as perfect as you’d like to think huh? So for those close-minded “christians” out there…. stop worrying about what other people are doing with there time and concentrate on what being a “good christian” actually means… I’m pretty sure God is the only one who is to judge people… re-read that section of your bible and get back to me. As long as it’s not hurting me or my kids, I could care less what others do. Have at it..if it makes you happy, go for it.. who am I to tell someone what is “morally right”? {Offensive word remove}your morals! I have my own, and they’re not for anyone else to decide for me… I’m the only one who has to answer for my sins on judgement day.

          • laura

            YOU are quite mistaken.Before you go quoting the Bible you should read it and don’t write back and say you have that would not be the truth. GOD does not say not to judge but to take the plank out of your own eye THEN help your brothers or sisters to take the stick out of their eyes. In this conversation the stick is homosexuality. Why would GOD say homosexuality is wrong and then create homosexuals that would be an oxymoron.
            Show us the science!!!Just because a homosexual says they are gay does not make it science.
            GOD BLESS YOU AND HELP YOU ON JUDGEMENT DAY –MR.OR MS. EATME
            Laura

          • zack

            EatMe, Gods Last Name Is Not Damn

        • Smilee

          It is “Sexual Orientation” I believe that is both mind and body, is there no limits to the distortions you people will go to. God has blessed me but thank you anyhow.

      • zack

        Smilee, Says what is sex anyway

        • Smilee

          CAN YOU EVER SAY ANYTHING INTELLIGENT, WELL I SUPPOSE YOU HAVE TO BE INTELLIGENT TO SAY ANYTHING INTELLLIGENT

  • Jo

    This is an attack to weaken our rights to religeous beliefs and against those that believe. It is becoming clearer everyday that there is a fight between evil vs good.

  • ELM

    If any organization engages in a promotion of sodomy under a guise of human rights, they are not only NOT Jewish, but anti-Jewish. No man is born to bugger or to be buggered by his fellow man.

    When it comes to Jewish teaching and practice, the American Jewish Committee and the Religious Action Center of Reform Judaism is a fraud. Any sanction of homosexual conduct as normal or legitimate, & the most basic principles and injunctions of ethical monotheism, are discordant. Any true member of the Jewish faith would know this.

    • Smilee

      ELM

      Do you feel the same way about a man who buggers (as you choose to call it) a woman especially if it is totally consensual, be honest, tell us, have you ever done it??

      • eyeswideopen

        Smilee, of course they do. Hell just in a republicans women’s group I used to attend, half those girls would give details. I was older, so I was suprised that they talk so openly about it. I was told, it is different if you are married. Do you really think they would admit to that act?? Smilee, babe, what reality are you living in? Honesty from Conservatives who want to dictate how we live our lives and what liberties we should have? I am laughing so hard, I woke my niece. Are you forgetting that they are the RWA’s????? LMAO. You do however get an A for trying.

        • laura

          smilee, ARE YOU SAYING YOU HAVE 4 CHILDREN AND 10 GRANDCHILDREN? From your rants your a HORRIBLE influence.OOOOOOOOPPPPPPPPPSSSSSSSSS there’s that plank.

          GOD BLESS YOU

      • laura

        here you go again!!!!! smilee 2 men together is not natural neither is 2 women.You and all that stand with you can fight that all you want but you will never be able to prove that it is. Science (through special interest groups ) have been trying to for years and they still can’t.
        Laura

        • EatMe

          I beg to differ, two women together IS very natural… ———–! hah

          • zack

            EatMe, Boy you are really screwed up. Literally.

          • Smilee

            I CAN NOT VOUCH FOR IF IT IS NATURAL OR NOT BUT THEY SAY IT IS FEELS RALLY REALLY GOOD AND A A WHOLE HECK OF A LOT OF FUN, SO IA NATURAL REALLY THAT IMPORTANT??

          • Claire

            EatMe–What a call name. I hated to type it. As I said in my post, I could care less what the homos do. Call me prejudiced if you like, it won’t bother me one bit. If they want their psycho flings, let them go for it. Who cares? They are the ones that have to account for their actions in this life. And to God.

        • zack

          Smilee sounds to me like you might be one of them. Is it mating season for all of you?

          • Smilee

            WHAT DOES FOUR CHILDREN AND 10 GRANDCHILDREN TELL YOU?? CAN YOU FIGURE THAT OUT

      • zack

        Smilee for crying out loud buggers is something you are scared of when you turn out the lights at night.

        • Smilee

          SCARED, NOT PART OF MY NATURE, ANOTHER STUPID STATEMENT FROM ZACK

  • Ruth

    We could end a whole heap of hassle by throwing out the listing of groups that cannot be discriminated against. What is wrong with a law that simply says discrimination against ANYONE, and that discrimination be acts against the law or acts infringing on another’s rights, is illegal?
    I think Don Tremaine has a key point in that we are granted freedom of religion and not freedom from it. Privacy, free speech and freedom of association must not be infringed. Just outlaw the listing of special interest groups, period.

  • mavis e howard

    I think that we have gotten so far away from the teachings of God that
    we are having trouble distinguishing right from wrong. Even without the teaching of God anyone with any perceptive faculty would see that
    it is an act of futility. meh

  • Ellen

    I am so sick and tired of “these special groups” thinking ONLY THEY have a special spot. A spot they have chosen for there very own selves, and through there own quilt they whimp and bring everyone else down! Misery loves company. NO THANK-YOU! Freedom of religion means exactly what it says, free to PRIVATELY worship & quietly how I CHOOSE. If a rule is made by a group, honor it and be on your way!! It was not meant for you! So move on.

  • Norman

    Don/Laura/Etc-Are you guys not able to read the article?
    A Christian group was DENIED access to school recognition because it (the christain group-are you keeping up?) is discriminatory (it does not allow gay members)
    The school is NOT christian
    Can you read?
    A Chrsitian group was denied access…
    Got it?
    Your bigotry against gays blinds you, foolish people

    TEZ-please tell us how you chose to be straight-love those stories

    • iain

      Norman, glad to see you have clear perception but I sense you lack the current day “creative reading” interpertative thingy employed by the likes of Sarah Palin et all ;) Beliefs are a construct of the mind which is the seat of duality and are for beginners. Remember believing in Santa, the tooth fairey or the Easter Bunny? Religious beliefs fall under the same category. The sacred heart however is the seat of the undivided which encompases such non-things as joy, bliss, love, all of which know no half measures. So discard all beliefs and speak truth from the heart. All are entitled to hold their own beliefs but why should they dictate that I or any other live under their religous rules when they would certainly rile living under anothers rules. Let’s all live and let live. Spread the smile.

    • Joe H.

      Norman,
      Please tell me how you were born Gay. Then prove it!!!

      • Smilee

        Why do you not prove they were not born that way, they say they were and I would think they know more about it than you do, but if you think you know so much why not demonstrate it for us. If it is their choice then they must be crazy if they want to live with being discriminated against. Any honest person knows they cannot exercise the same rights as straight people. Not being gay or ever seen any evidence of what is the cause of it I take them at their word that they were born that way and unless you can prove otherwise you should too and if you do not it shows you are either ignorant or prejudice or both.

        • Fritz

          God considers homosexuality an “abomination”. He does not allow someone to be born as a homosexual. What did He do to the people in Sodom and Gomorrah for their wickedness? Laura said it, orientation. It is a choice. Being gay is not an alternative lifestyle, it is a destructive lifestyle.

          • EatMe

            Hey Fritzy,

            Prove to me that Soddom and Gomorrah existed…and that what happened in the Bible ACTUALLY happened and is fact… that the two cities were burned down with fire and brimstone falling from the sky…yea, didn’t think you could. Matter of fact, I just watched a documentary on it…they also said because your beloved book didn’t offer a lot of details about the cities or the people in them, there’s no way to ever know. So, let’s leave them out of the discussion. If you can’t back your statements with facts, well, then they’re just opinions aren’t they? Now, your Bible also states that God created us in His image… what do you think of that? God does not allow someone to be born gay???? WTF kind of ignorant statement is that?!?!?! How do you know what God will allow to be born and what he won’t?? He “allows serial killers, and rapists, and child molestors, and judgmental a-holes like you to be born…why not homosexuals?? And personally, I’d rather have a homosexual born than to have any of those others…including you. Now, it’s been PROVEN scientifically, that people who are serial killers, rapists, and child molestors are born that way (not all of them, but many)….why can’t the same be true for homosexuals? Provide a little more fact in your statements to back up your anti-gay claims there bud… your arguments have no grounds.

          • laura

            So what your saying is that “child rapists” “rapists” and “serial killers” are in the same league as homosexuals,if I were gay, and you were representing me, I WOULD FIRE YOU.
            By the way they did find Sodom and Gommorah, precisely as described in the Bible, it was aired about 9 months ago on the DISCOVERY channel.
            Well you learn something new everyday don’t you “eatme”.
            I’m getting the feeling that your really just trying to justify yourself to others. You don’t need to prove anything to me there are probably some very nice things about you but your so full of hate for yourself that you can’t see anything else. Or at least that’s how you are presenting yourself.
            GOD LOVES YOU and us Christians don’t hide behind GOD or religion we stand firmly in place next to HIM.

          • Smilee

            fritz, laura said it was their choice, God never said that, if he wanted to make a person with an abomination he sure has the right to do so , you read into it that if it is an abomination he would not make someone like that and he never said he would not, and who are you to second guess God or question anything he does, you just use that hateful thinking to justify your prejudices against his children you do not like, we after all are all the children of God, even homosexuals for what ever reason they are homosexuals. it really is none of your business

          • laura

            smilee,don’t try to quote me, you get it all wrong, Fritz has a lot of class and so does Zack,something you seem to lack in spades we all know where eatme stands by his very 1st rant at the very top “sick person”.As for the plank in my eye “I can still see you” OH and another quote from the BIBLE ( which you read all the time “RIGHT”) judge a man by his actions.You’ve more than proven yours.

            GOD BLESS YOU US ALL

        • zack

          Evidently Smilee, and EatMe,”how Gross for a name,” do not own a Bible. The number one selling Book of all times.

          • Smilee

            Laura, do you ever put a spin the the bible to make it match your
            your own prejudices and in your own mind justify your own actions and statements that actually conflict with the bible. The plank was out of your eye first not the other persons first as you say and I believe you did it before and unless and took the plank out of the other persons eye in this case you say the homosexual.. We do not know if sexual orientation is in the DNA or not as yet but most researchers think it is well within the realm of possibility.. Jesus did say Judge not, least you be judged. Your not to question or judge God and he never said he did not make homosexual people, you would be well advised to leave that judgment to him rather than try to play God yourself. I believe Eatme has read the bible and I also believe she/he has a better understanding of it than you do. You also appear to be filled with a lot of hate maybe you would be well advised to make sure that is not the plank in your eye before you go ahead and spout off.

            YOUR POST:
            YOU are quite mistaken.Before you go quoting the Bible you should read it and don’t write back and say you have that would not be the truth. GOD does not say not to judge but to take the plank out of your own eye THEN help your brothers or sisters to take the stick out of their eyes. In this conversation the stick is homosexuality. Why would GOD say homosexuality is wrong and then create homosexuals that would be an oxymoron.
            Show us the science!!!Just because a homosexual says they are gay does not make it science.
            GOD BLESS YOU AND HELP YOU ON JUDGEMENT DAY –MR.OR MS. EATME
            Laura

          • Smilee

            YOU LIE (ISN’T THAT A SIN) I ACTUALLY HAVE SEVERAL AND ALSO ONE ON MY COMPUTER AND I HAVE READ IT QUITE A BIT TOO.

          • DDC

            Smilee give me your address and I will send you a bible with everything outlined to show you where IT IS A SIN. Marriage is between a MAN AND A WOMAN. That is in the bible. If you are one of those happy go lucky gays, you need to repent and get your heart right with God.

          • laura

            Dear Doc,
            I believe smilee actually needs Bible lessons Doc, he says he reads it but yet miss quotes it continuasly, but give him “anther one” to add to his collection.I think no matter how many he gets, until he seeks GOD with his whole heart he isn’t going understand it.He even miss quoted me.

          • laura

            DDC I’m sorry I read your name wrong, I meant you, not DOC.

            Laura

          • Smilee

            DDC says:
            March 25, 2010 at 11:59 pm

            Hate to disappoint you but I am 100% straight, The markings in your bible would not mean much it is all those passages that you forgot to mark that have meaning

          • DDC

            Smilee, sorry I offended you was only trying to help. Disregard my statement. I will give it to someone that would appreciate it. There is still a lot of good Christian People out there. May God Bless You.

          • DDC

            laura, I new who you where commenting to. You do not have to apologize to me. God bless you for your strong stand with God.
            Something you do not see a lot of on here.
            May God bless all of you is my prayer.

          • laura

            Dear DDC,
            Thank YOU, I can use all the prayers I can get, I shall also pray for you and yours, you’re a kind person, hardly ever see that here.

            GOD BLESS YOU
            and may GOD continue to BLESS AMERICA
            Laura

  • BonnieMW

    I am a strong supporter of separation of church and state. I think the point most of you are missing is that this school wants public funding. The school cannot violate the laws of discrimination if it receives public funding. That is why private schools should refrain from public funding if they want to deny special interest groups.

    I do believe that if you run a private religious school and you completely support it by private funds then you should be able to
    deny special interest groups. That is a freedom that should be recognized also but public school should not be able to discriminate.

    There are thousand of different Christian religious groups in America and they all believe a little different. We cannot allow one religious group to dictate or regulate what we believe. I am a supporter of pray in schools in private meetings but teachers should not be influencing children of their religious believes in a school setting.

    It is a very difficult balancing act. The decision the court made
    is completely appropriate.

    • William C. Jones

      The reason for “Separation of church and State” is that the ACLU, (The American Communisst League Union) argued on the premise That Thomas Jefferson wrote a private friend the he believed that the government should NEVER be allowed to establish (Or Control) religion. PERIOD! It was NEVER even written in the history books, but was dug up as apoint of information for their arguments. The Supreme Court read between the lines and established this as law of the land. I hope this clears up thar point!
      The school is going on the understanding that they can deny any article they want until proven wrong in a court of law, that is if any sane person wants to go through all of the proceedings! In school, according to Supreme Court rulings, STUDENTS may pray in school, even in the cafeteria. If a teacher repremands a student for praying, tha teacher can be repremanded hersel and or be fired! BUT, the teacher, by law, is not ALLOWED to pray openly while in school!

      • Joe H.

        william,
        That would be abridging her right to freedom OF religeon!!!

        • Smilee

          WHY, come right out and say why you think her freedom of religion has been abridged, you are great at throwing out off the cuff accusations without ever backing them up, now if you are so smart tell us, please

      • Smilee

        ACLU has nothing to do with it, the Supreme Court has ruled that there is separation of church and state and Thomas Jefferson had nothing to do with it either, IT IS THE CONSTITUTION, you are pretty mixed up, I suspect it is you are prejudiced, if the court agreed with the ACLU then I guess they must have known what they were talking about but do not blame it on them if you disagree with the court then be smart and say why you think they decided that way and why you think they got it wrong

      • Smilee

        TALK ABOUT ONE TRULY CONFUSED MAN, UNBELIEVABLE

        • zack

          Smilee why are you so confused?

    • Smilee

      How refreshing, seldom do we see such an intelligent post on here. Thanks

      • laura

        smilee all you do is put people down just because you don’t like what others say it’s not refreshing to see your ignorance like you said it’s their “CHOICE” and ” YOU’LL TAKE THEIR WORD FOR IT ” YOU just proved yourself a hypocrite. GOD BLESS YOU
        Laura

        • Smilee

          LAURA GO TAKE THAT PLANK OUT OF YOUR EYE FIRST

        • zack

          laura, very true. I think Smellie has got the whole tree in his eyes, and he cant see the forest for the trees

    • eyeswideopen

      Clapping out loud and fast. Excellent points.

      • eyeswideopen

        Bonnie, my clapping was for you. Don’t the repubs want to reduce size of government? We need to follow their mantra and cut off funding for all religious churches, schools, groups, and corporations. Next stop all subsidies to corporations of any kind. Repubs want to dictate who gets the government funds, they really don’t want to stop funding to their favorite churches, or schools, ditto with the corporations. Control is their issue.

      • zack

        OOHH clapping out loud and shaking my booty. Feet in the air and LMAO. WWHHOOOOO I cant stand it clapping out loud.

    • Smilee

      bONN9IE, YOUR ONE OF THE FEW ON HERE WHO REALLY UNDERSTANDS IT

  • laura

    norm Being denied access and rights because they believe in something different than say “you”, sounds like bigotry to me. Maybe you should go back and read it again norm sounds like we got it right and “you” didn’t understand.Oh and being gay is a choice—like buying milk or picking your nose but that might be illegal someday so pick with freedom while you still can. GOD BLESS YOU,NO MATTER WHAT YOU OR I DO GOD STILL LOVES US.
    Laura

  • http://bellsouth Vern

    I would like to draw your attention to Article 1 of the Constitution.

    “Congress shall make no law respecting a establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speach or of the press; or the right o the people prceably to assemble, and to petition the government for a redress of grievances.”

    The founders reasoning was they did not want an official religion i.e. the Church of England or any other religion. Other than the prohibiting Congress establishing an official religion there is not seperation of church as some people would like you to believe. They need to go back school i.e. history.

  • Smilee

    VERN, THAT IS NOT ARTICLE ONE OF THE CONSTITUTION, GO BACK AND READ IT AND THEN MAYBE YOU CAN TALK INTELLIGENTLY ABOUT IT. MAYBE.

    BUT TO COMMENT ON YOUR STATEMENT, THE SUPREME COURT HAS ON MORE THAT ONE OCCASION INTERPRETED IT TO MEAN THAT IN FACT THERE IS A SEPARATION OF CHURCH AND STATE IN THE CONSTITUTION, YOUR NOT AGREEING WITH IT DOES NOT OVER TURN THEIR DECISIONS, IT ONLY SHOWN YOUR LACK OF KNOWLEDGE OF IT.

    • zack

      Smilee have you read the constitution? Dont believe you are even close to correct

      • Smilee

        That is not Article I, i guess its you who have not read it or you would have known that, I’m very familiar with it

  • Claire

    I do not like/approve of a man with a man and a woman with a woman. It goes against my natural instincts and I guess my beliefs. However, if this is what some people want, let them go at it. I could care less what they do behind closed doors. They should keep their personal lives to themselves just like we do. I remember in high school there were some kids that were called faggots. But I was too busy to pay any attention, out of sight, out of mind. I never really thought about it. I was too busy dancing, drag racing, PBR, and an occasional L&M cigarette. Boys?? Wow, it was great fun. And I have to admit, I still appreciate looking at a handsome, goodlooking guy. And dang it, some of those goodlooking male models are gay! Years ago, when I first started showing my dogs, there were a number of gay judges and there is still a lot of them today. Talk about being naive!! I could not tell the gay judges from the straight ones!! When people would tell me, I was truly surprised. But now, I can spot them a mile away! As I said, to each their own, but I cannot understand it. What happened? If I were young and out running around, you can bet I would be looking for a goodlooking straight guy. None of that weird stuff for me.

  • Smilee

    DDC says:
    March 25, 2010 at 11:59 pm

    Hate to disappoint you but I am 100% straight, The markings in your bible would not mean much it is all those passages that you forgot to mark that have meaning

    • DDC

      Smilee I heard you the first time. I gave you my apologies if I offended you. You didn’t have to print it twice.

  • Herman King

    Why does everyone have “rights” but no “rsponsibilities?”

  • Kelly

    We use to have a high moral standard. But we started to ask ourselves is this or that OK and every time we did that we lowered our moral standards to what we have today and it will only get worse as long as we keep asking ourself is this right or wrong. Did you ever hear these debates back in the 50′s before all the stupid protest of Viet Nam. Maybe some of you were not born then but, reseach and see when things started to go in a downward spiral.

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