| Marriage:
"The act of uniting a man and woman for life ; wedlock ;
the legal union of a man and woman for life. Marriage is a contract
both civil and religious, by which the parties engage to live
together in mutual affection and fidelity, till death shall separate
them. Marriage was instituted by God himself for the purpose of
preventing the promiscuous intercourse of the sexes, for promoting
domestic felicity, and for securing the maintenance and education
of children." Webster 1828
Move over
mom and dad you are officially being rendered obsolete. According
to the New York Times, December 5, 2002, the American Law Institute
"has wielded an extraordinary influence over American legal
practices, since its founding in 1923." That is putting it
mildly. In 1955, the led a nationwide penal law revolution with
its model penal code recommendations. This May, the ALI published
yet another a guide book for lawyers and courts, after spending
10 years evaluating Family Law. According to the NYT report on
the ALI Recommendations:
A person's
sexual orientation should not be considered by courts in custody
matters.
Homosexual
couples in long-term relationships should have to make alimony
or child- support payments if they split up.
Among other
recommendations, the institute said judges should not consider
marital conduct during divorce proceedings. {For decades, courts
frequently punished cheating spouses by burdening them with
higher alimony payments or denying them custody of their children.)
The institute
said judges should instead divide up property and decide alimony
based on how long a couple had been married and how much each
spouse was dependent on the other for financial support.
The NYT's
article goes on to say, proposals to repeal sodomy laws, give
same-sex partners inheritance rights and extended health benefits
to "partners" which have stalled in many states, but
the ALI's "findings may carry tremendous weight in U.S. courts."
"Even before its formal publication, the report had been
cited in more than 100 law review articles and two dozen court
decisions." Despite some 35 state legislatures having passed
laws to define and defend marriage as between a man and a woman,
the ALI has hardwired "gay marriage" onto American life
through the courts.
The ALI's
principal author, Arizona State University, law professor Ira
Mark Ellman, said the goal was to "close holes in family
law that have left judges guessing as to how to deal with nontraditional
families." That is interesting since the ALI created the
non-traditional family in law. It's time for law to catch up with
human progress. Doesn't law mean fixed in all languages?
In 1955, the
ALI paved the way for "non-traditional families" by
disparaging fathers. Citing to Alfred Kinsey's Sexual Behavior
in the Human Male (1948), legal elites parroted Kinsey claim that
95% of American males were sex offenders under the then current
state penal laws and 52 laws protecting marriage needed to be
changed to reflect "normal" human behavior. The ALI
recommended legalizing no-fault divorce and decriminalizing fornication,
cohabitation, sodomy, etc.
If you can't
pass the laws in the legislature, then the courts have to become
a legislature. In 1955, Columbia law professor Herbert Wechsler,
the ALI's principal author, boasted of the ALI's work, as private
entity, on a Model Penal Code; "we mean to act as if we were
a legislative commission, charged with construction of an ideal
penal code." Misrepresented to state legislative bodies as
simply "clarification" and "revision" of the
common law based on objective "scientific pursuit,"
the influential ALL model code served as a guide to legislatures
as laws, many in place since statehood, were eliminated and/or
penalties lighten thus removing protections for women and children
from violence and poverty.
To mobilize
the local legal rank and file in their advocacy for the new law
code's sex offense section, in 1948 ACLU lawyer Morris Ernst,
called upon "every bar association in the country" to
"establish a Committee on the Laws of Sexual Behavior and
consider its own State's legal system in this field…to adjust
our laws to the growth of scientific knowledge and the changing
needs of the people. Ernst comments further:
[N]o bar association,
law school journal, or lawyers' committee can consider laws .
. . on sexual matters without reference to the Kinsey study. Kinsey's
first volume ended an era…
At a time
when sodomy was illegal and an "unnatural" act in all
state penal codes, Kinsey was the ALI's stellar authority to recommend
that sodomy laws be eliminated because it was, he claimed, quite
"normal." Section 207.5 of the Model Penal Code (1955)
addresses "Sodomy and Related Offenses," Kinsey is cited
9 times in the main text and in Apendix A to section 207.5 is
entitled "Frequency of Sexual Deviation," and consists
of 21 quotations, 19 of which are taken from Kinsey's book Sexual
Behavior in the Human Male. In 1997 Kinsey was exposed as not
the average married mid-western academic Indiana University represented
him to be, but rather a sado-masochist sodomite with sexual appetites
difficult for the University to conceal in order to protect propriety,
prestige and the large Rockefeller grants and taxpayer support
for the state's premier university.
Kinsey's research
was advocacy also. At a presentation at the 5th World Congress
of Sexuality in 1981, Dr. Judith Reisman drew from Sexual Behavior
in the Human Male to prove Kinsey's use of pedophiles in gathering
sexuality data on children, some as young as 2 months of age.
To add insult to injury, his data were cooked too: Of the 5,300
white males in Kinsey's sample 2,446 were convicts, 946 homosexuals
and the rest an assortment of people categorized as boys, transvestites,
special homosexuals and mentally ill leaving a total of 4,628
who were not easily not "normal." This is the data upon
which Kinsey declared 95% of American males sex offenders. No
surprise.
Deconstruct
the American family beginning in 1955 with the Model Penal Code,
culminated within the past 12 months. Courts have ruled that a
gay person is entitled to adopt a partner's child, and that a
homosexual who is not the biological parent of a child can be
forced to pay child support after separating from a partner. These
are relations, but not in a family sort of way. This latest ALI
edict thwarts the legislative efforts to secure marriage, but
don't miss the planned obsolescence of Mothers and Fathers based
on Alfred Kinsey's tortured sado-masochistic view of the family.
Fade family into the background. Gone the old notions of generations,
"the act of begetting, a single succession in natural descent,
as the children of the same parents; hence an age, a family, a
race." Enter Brave New World. |