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?

Posted by: Greg at 11:53 PM | Comments (42) | Add Comment
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