Showing posts with label arizona. Show all posts
Showing posts with label arizona. Show all posts

Saturday, February 22, 2014

The Arizona Bill Doesn’t Say What You or the Media Thinks It Says

Not that it should be a surprise, but the media is calling Arizona's 1062 Bill "Anti-Gay", discrimination, a return back to Jim Crow and other such nonsense.  The bill isn't any such thing.  The legislation that passed does one thing and one thing only.  It expands who gets covered under religious liberty claims under the law in terms of lawsuits.
Today the law in Arizona the law only covers you if somehow the government is involved in the preceding.  This expands it so if a private business or a church gets sued they can claim they are exercising their religious free will.
Section 41-1493 of the Arizona Revised Statutes regulates who can claim religious freedom or exercise thereof as a defense in a lawsuit.
Senate bill 1062 revises that law by expanding the definition of who is a person to "any individual, association, partnership, corporation, church, religious assembly or institution, estate, trust, foundation or other legal entity", and allows for religious-freedom lawsuits "regardless of whether the government is a party to the proceeding.
Nowhere in this legislation does it say that you can hang a sign in your storefront refusing service.  It simply allows a business owner or a church to claim that they are exercising their right to their religious beliefs and a judge can't throw that out as a non-defense.  It will be allowed to be heard by a jury and they get to decide if that defense has merit or not.
People behave as if somehow the rights of one person automatically trumps the rights of another.  They don't.  Rights are given to all people.  There is no doubt that gay marriage is a topic that is virtually impossible to bridge the deep divides.  But lets say for instance a person who is divorced by no desire of their own.  Their spouse packed up and left after deciding they didn't want to be married anymore.  Most states today have no fault divorces so it is very likely that can just file and be divorced in relatively short order.  The spouse that was left is a practicing Catholic.  Over time they rebuild their lives and meet someone new.  They decide they want to get married again.  By Catholic doctrine they cannot be married in the church.  Should they be able to sue under the grounds they are being discriminated against because they are divorced?  Shouldn't the Catholic Church be able to walk into a courtroom and say this goes against their teaching and doctrines without being labeled bigot?
I, for the life of me, can't figure out why a couple would want to force a business to work with them when they don't want to.  Especially for something as important as a wedding.  This is a day that to a Christian is a sacrosanct covenant with God.  You are not just making that vow to each other, but you are making that vow to God himself.  You can disagree with that premise all you like.  It doesn't make it less relevant or real to a person who takes that seriously.
We have already seen a business taken to court for not wanting to participate in something they view as sinful.  A lawsuit is being filed in England right now to force the Church of England to perform Gay Marriages even the law has put in protections to guard that from happening.  We all know all too clearly what happens when a person speaks up about their religious beliefs that gay marriage is sinful.  They get called a bigot.  It never occurs to the person doing that name calling that they may be the ones who are bigots.  That they are the ones forcing another to go against deeply held beliefs and trying to force them to accept their choice to get married to someone of the same-sex.  No it is just the other way around.  It is just the Christian who is the bigot.  It is never anyone else.
I am not saying that the whole "agree to disagree" is something that is simple.  But it isn't as complicated as some make it sound when it comes to a baker, a photographer, a florist, or any other vendor that someone may use to celebrate their wedding day.  It is going to be a rare case indeed that another vendor that is more than happy to work with the couple isn't available and the only option is the one that feels this strongly about it.  Why would want to give your money to someone who is being forced to work with you?  Have you ever thought about what they could put in that cake?  I say that jokingly of course, but it could happen.
A business in a free market society should be allowed to decide for themselves who they work with and who they don't.  The consumers can then make their choices and decide if they want to give their money to a business who adheres to certain practices.  I certainly would never go to restaurant that hung a sign saying they wouldn't do business with a group of people for reasons such as skin color, religious background, or heritage.  I will take my money elsewhere.  That is the power that I possess.  Nor is that even a relevant issue when it comes to this piece of legislation.
A jury will get decide.  This law doesn't guarantee they will win, only that they will be heard.  One would think that gay activists would be happy to put this into a court of law.  They have done so many, many times over the past decade to force their will onto others.  Why are they upset about this?  This piece of legislation just took a page out of their playbook.  

Tuesday, June 18, 2013

Federal Law, State Law & The Constitution

I have seen much going around on social media on the SCOTUS ruling on Arizona and the motor voter laws.  Yesterday, the court came out with a 7-2 ruling that Arizona couldn't add additional requirements to the federal forms for voter registration.  Arizona wanted to require additional paperwork proving American citizenship.  

On the face it seems silly that the court would come out against this.  But it isn't silly.  It is completely Constitutional.  The federal government gives states money to cover the costs of all seats that are held in the federal government.  The Constitution says:
The Elections Clause, Art. I, §4, cl. 1, provides:
“The Times, Places and Manner of holding Elections
for Senators and Representatives, shall be prescribed
in each State by the Legislature thereof; but the
Congress may at any time by Law make or alter
such Regulations, except as to the places of chusing
Senators.”
Now that sentence about Senators is no longer valid since the 17th amendment made senators also subject to direct elections.  But the point is the federal government absolutely has the right to decide how registration is done for federal elections.  

The court also has given Arizona a pathway to make changes to the Motor Voter form.  Arizona can, if the so choose, go to the Elections Assistance Commission and ask them to make changes to the federal form.  While that is highly unlikely under the current administration, if they don't like the result, they then can take it to court.  

The Court did not rule on anything other than could a state require additional information on a mail in federal form for registration.  Arizona is free to require additional information on state forms.  Those registration rolls can be cross checked if they so choose to do it.  

The main point of this ruling is that the court did exactly what it was supposed to do, follow the constitution.  You may not necessarily like the outcome, but the federal government has the right and the responsibility to set rules for how federal elections are set up.  If we want changes made to include more safeguards for proof of citizenship, the avenue to do that is there.  The State of Arizona doesn't seem to be shy about pursuing their options, so let them lead the charge to put more safeguards into place.  

You can read Scalia's opinion here.  

Tuesday, April 17, 2012

Activism Alert - Immigration Rally at Supreme Court 4/25

Arizona's immigration law, SB 1070 has wound its way through the court system and will be heard by the Supreme Court on 4/25 (Next Wednesday).  The Greater Phoenix Tea Party has asked any and all local groups who care about the rule of law to help support the law by rallying in front of the court on that day.  The American Council for Immigration Reform will also be bringing people.  


There will be a counter rally to be attended by Casa de Maryland, The New York Immigrant Coalition, and the New Sanctuary Coalition of New York City are scheduled to bus in people.  


If you are able to make the rally, the Greater Phoenix Tea Party would greatly appreciate it.  

Friday, May 14, 2010

The Hypocrisy of Eric Holder - You May Want to Read the Bill First

AG Holder doesn't seem to have a problem with saying he may file a lawsuit regarding the illegal immigration law in Arizona, yet he has yet to read it.  He is basing his decisions on what he has read in the media?  Boy that is comforting. 

Attorney General Eric Holder said Sunday that the Justice Department was considering a federal lawsuit against Arizona's new immigration law.



"We are considering all of our options. One possibility is filing a lawsuit," Holder told NBC's "Meet the Press." Possible grounds for the lawsuit would be whether the Arizona law could lead to civil rights violations, he said.

Shouldn't you wait to see if civil rights violations actually take place before you file a lawsuit? 


 
 
Finally!!!  A liberal admitting that being in the country without documentation is illegal.  It is about time. 
 

Thursday, May 13, 2010

No Love and Basketball - Girl's Basketball Champs Excluded from Arizona Tournament - UPDATES



The Highland Park High School girls’ basketball team will not be participating in a basketball tournament that is going to take place in Arizona. The school has decided that it may not be safe for the girls to travel there.



"We would want to ensure that all of our students had the opportunity to be included and be safe and be able to enjoy the experience," Hebson told the Tribune about the tournament. "We wouldn't necessarily be able to guarantee that."


This basketball team has played in such places as The Czech Republic, South America, and wait for it, China, yet they wouldn’t be safe in Arizona?


The school system has released a statement, it says in part:


"We cannot commit at this time to playing at a venue where some of our students’ safety or liberty might be placed at risk because of state immigration law."


So we now get to the crux of the matter. The people that are in charge of this school system don’t like the immigration law that Arizona passed.






“would not be aligned” with the school's “beliefs and values,” Assistant Superintendent Suzan Hebson told the Chicago Tribune.




Umm, Ms. Hebson, are you aligned to the beliefs and values of China? The country that has a long record of human right violations, such as jailing anyone who shows political dissent, forced abortion, and forcing people to move to complete the work for the Olympics. Those are values that you agree with? Is this the lesson you want to teach the students in your school system?


Parents of some of the players are outraged at this decision. Their view point is that they should have been consulted, at the very least, before the decision was made. They also feel that if any of the girls were uncomfortable that they had the right not to attend the tournament and why make the entire team suffer. Another parent doesn’t understand the decision, because none of the girls on the team are illegal aliens so they are in no danger from a law that is aimed at illegal immigrants.


“I’m not sure whose values and what values and what beliefs they’re talking about, we were just going to Arizona to play basketball and our daughters were very disappointed to find out the trip had been canceled,” Michael Evans, a father of one of the players told Fox News.


To make matters even worse is the fact that the school system is not paying for this. The girls have been raising money for months to pay for the travel expenses related to attending the tournament. This is just yet one more example of how the school systems in this country just don’t get it. These kids are not political pawns. They are just a bunch of girls who have worked hard to have a great basketball team and want to enjoy this experience in their lives. This also is a missed opportunity for these girls to get looked at by college scouts. Sarah Palin, who happened to be in Chicago last night for a speech, has advised the girls to “go rogue” and stand up for their rights to attend this tournament. Keeping these girls home will do nothing to affect the immigration law; it only hurts the girls who have worked hard for the chance to compete. Not a very good lesson to teach young woman.

Update -

Susan Hebson, Principal of the school, apparently has a history of liberal activism.  She was in favor of a program that had upper class gay students speak to all freshman to "share" their experiences.  Students were required to sign a paper saying that they would not talk about the program, not even to their parents.  Of course, some children did speak to their parents about it and the program has been stopped; thankfully.  I was 13 when I was a freshman in high school, not an age that all will be ready for such conversations.  To add to the problem, parents that wanted to attend the panel, were barred.  Parents have every right to know what their children are being taught. 

She also was very much involved in the required reading list of the students.  One of the plays that she had put onto this list is “Angels in America: A Gay Fantasia on National Themes".  A scene in this play has a very graphic sexually charged scene with Mother Teresa, as well as very graphic sex acts between same sex couples.  Again, not something that a public high school should be pushing on young and impressionable teens.  Public pressure placed on the school once parents started to complain did prompt the school to remove the play from the list.  Why this woman still has a job is beyond me, she is not interested in seeing the facts that some families don't agree with her liberal agenda.  She is there to give all students an education, even the ones from conservative families. 

UPDATE II

The Visitor Bureau of Scottsdale will pay the expenses for the basketball team to come and play in the tourney.  For insurance reasons, it still may not help the girls get there, but I believe this public pressure may allow them to attend. 

Thursday, April 29, 2010

A Personal View of Arizona's Immigration Law

I have been going back and forth on the issues going on in Arizona regarding the new illegal immigrant law that was signed late last week.  My first gut reaction to it, was that I didn't like it.  The "show me your papers" side of it sounded a little too Soviet Union to me.  Then, I actually read the bill and found out that as a legal green card carrier you are required by federal law to carry that on your person at all times.  I also read that Phoenix is now the #2 for kidnappings in the world; only behind Bogata.  So, I no longer have a problem with the bill.  The governor of Arizona contacted the federal government asking for help, and they couldn't even be bothered to answer her let alone try and take care of the problems.  Legal citizens of this country have the right to expect the government to provide security, and they are not.  Our borders are not secure and sadly it will take a terrorist crossing the southern border and causing mass casualities before that will happen.  The political will is not there and what is so upsetting is the fact that it is only about not offending hispanics.  This is a political decision and has nothing to do with the rule of law or not having the resources to take care of it.  My parents came in the front door, learned the language and became Americans and raised their children to be Americans.  I was still taught my culture, but I am an American.  It is not too much ask for others that come here to do the same. 

Virginia has some similiar problems, but nothing like Arizona.  Fellow blogger Soloman lives there and gives his first hand account of what has happened to the city that he has lived in for around a decade. 

Throughout the the past weekend and into this week, I have watched and listened in amusement and amazement as pundits from both sides of the aisle discussed and debated the legitimacy and morality of Arizona Senate Bill 1070, which has come to be known as the "Arizona Immigration Bill."


Last Friday, Arizona Governor Jan Brewer signed the controversial bill into law, and since that time we have witnessed a firestorm of fury from the left. The insanity and hyperbole from the left has been countered by a consistent and concise display of Constitutional understanding and reasonable discussion from the right, proving once again that liberals function within a realm of emotion while Conservatives operate from a perspective of the rule of natural law as it applies according to The United States Constitution.

I am not surprised at all by the reaction from the left. From "draconian" to "Gestapo-like," the left has portrayed Arizona's new law as a blatant excuse to racially profile. "Driving While Brown" has become the new catch phrase amongst some on the left to describe their hypothetical reason for possibly being pulled over by law enforcement.

Cardinal Mahony of Los Angeles called the new law "Nazi and Soviet-style repression" in a blog - one full day before the State Legislators sent the bill to the governor's desk.

Huffington Post ran a headline calling calling the new law "harsh," while felon, friend of Obama, and Alinskyite Robert Creamer offered an Op-Ed on that site entitled "The Arizona of 2010 Is the Alabama of 1963."

The "Reverend" Al Sharpton has promised he will mobilize people from across the country to march in Arizona – and get arrested, if necessary – to stop the controversial new law.

“We will bring Freedom Walkers to Arizona just like Freedom Riders went to the deep south 50 years ago. [...] We cannot sit by and allow people to be arbitrarily and unilaterally picked off as suspects because of the color of their skin,” Sharpton said.

And of course it came as no surprise that President Barack Hussein Obama chimed in, calling the new law "misguided," and called for Eric Holder and the Obama Social Justice Department to investigate the law for "violations of civil rights."

Some have tried to debate the law's legitimacy based on their personal and political desire for The Constitution to supersede this State law, based on the Supremacy Clause as found in Article VI, Clause 2.

However, this argument fails miserably, based on the fact that S.B. 1070 as written is completely derived from Federal Statute. In fact, Arizona legislators were extremely careful when writing this bill to require local and state law enforcement officers to act within the confines of their normal duties before any immigration status discussion may be discussed. Furthermore, every section in the bill (which is only 17 pages long) provides reference to the specific Federal Statute to which the Arizona law enforcement officers and departments must abide.

Others are claiming that there will be infringements on the Fourth Amendment and Fourteenth Amendment rights of citizens. These questions are easily answered by anyone with a reasonable amount of common sense and some understanding of The Constitution.

The closest either of these two questions come to being reasonable is when applying the Fourteenth Amendment to the child of two illegal aliens, with said child being born inside United States territory. However, Arizona S.B. 1070 refers specifically to The Immigration and Nationality Act, which provides no exceptions for the children of illegal aliens, regardless of their place of birth.

All of this being said, in my opinion the most important aspect of this debate is the perspective of Arizona residents who are American citizens. With that in mind, I would like to offer the story of some of my personal experience, as well as some insight from someone living at what is quickly becoming "ground zero" in the debate over illegal immigration.

When I moved to Arizona from Ohio in early 2001, Phoenix was an up-and-coming city with many inviting possibilities. In particular, Phoenix and its surrounding communities offered a very clean, upbeat, and exciting environment with a positive outlook and a great deal of opportunity to offer.

I moved to Phoenix, Arizona specifically because of the Native American and Mexican history and culture in the region. I had visited Phoenix just one year prior to moving, and had also spent some time in the Southwest as a child. I was very aware of the fact that my new surrounding were going to be quite different than that to which I was accustomed, and I welcomed those differences. In other words, and completely contrary to what leftists would like to believe, I specifically chose Phoenix for it's racial and cultural diversity.

Certainly every major city has its issues, but I was fascinated by the Phoenix metropolitan area's lack of undesirable element. With the exception of one particular part of town, there was almost nowhere within the greater Phoenix area where I felt uncomfortable, regardless of the time of day.

During my first couple of years living here, I thoroughly enjoyed some of the cultural differences I observed.

The style of the cars young Mexican men drive, while certainly not in line with my personal preferences, is certainly intriguing. They take great pride in their workmanship, and each creates his own rolling four-wheeled personality to match his identity.

As a younger, newly single man, I was quite flattered by the flirtations of the Mexican women with whom I worked at my first couple of workplaces. I was flattered as I was called "muy guapo," and I spent many hours during work exchanging the learning of Mexican dialect and the teaching of English to many coworkers, both male and female.

Mexican music can be quite festive, and on many a lazy summer afternoon I enjoyed one of my neighbors opening their doors and turning up their stereo. Filled with excellent vocal harmonies, pleasing guitars, horn sections, and pleasant rhythms, the words might have made no sense to me, but it was pleasant nonetheless.

Hispanic families and their social networks can be quite a sight to behold. Many of my neighbors had gatherings for children's birthdays, wedding anniversaries, and other celebrations. These gatherings can become quite festive and large. As an example, a couple in my last apartment complex had a son, and for his third birthday there were probably 100 people at his party. I don't know how many were family and how many were friends, but they all acted like family. They were all very polite within their group, and they were very courteous to me and my former girlfriend, even inviting us to come partake in the food and fun.

Unfortunately over the past few years things in Phoenix have changed, and not for the better.

A part of Phoenix in which I used to live just five years ago is now a part of town to which most people will not travel unless they absolutely must, and certainly anyone in their right mind avoids that part of town after dark.

A coworker describes his neighborhood as "somewhere I used to feel comfortable, but now I don't go out at night unless I'm packing (a firearm)."

I've discussed the new law with two of my coworkers who have Mexican heritage.

One coworker is a second generation man who is roughly thirty years old, and his father was granted amnesty in 1986.

He is very concerned about the image that is being created by the recent wave of aliens that have come across the border. His father, like almost all from his generation and those before his, made every effort to assimilate, and my coworker and his father both see this new generation of Hispanic immigrants as selfish and irresponsible, paying no mind to the good graces of America and her people and their good fortune for having made it here alive.

The other coworker is a woman in her mid to late fifty's, and her opinion seems to be very much the same. I don't know exactly how and when she came to America or if she was born here, but she has quite a thick accent so I suspect she may be first generation. Regardless, she speaks English very well, and has told me that she refuses to speak Spanish anywhere, no matter her surroundings.

I don't think anyone living in Phoenix really thinks twice about most of the "brown" people living among us. As has been discussed over and over, most of the people who have migrated north have done so for very understandable reasons. They come from a land with nearly no opportunity whatsoever, and now their homeland is being overrun by violent drug cartels, and the corruption has deeply permeated law enforcement at nearly every level in Mexico, with the sole exception of the military.

However, there are many reasons to be concerned about the massive influx of humanity being experienced by The Grand Canyon State.

Our police force is greatly overextended.

Rather than working with local law enforcement, former Arizona governor turned DHS secretary Janet Napolitano has worked against the needs of Maricopa County Sheriff Joe Arpaio and Phoenix police. Recently Napolitano's DHS halted construction and forward progress on any type of border security, citing budget concerns.

Our public school systems are overcrowded and underfunded. This problem is certainly not unique to Arizona, but there is no doubt the number of illegals whose children attend American schools free of charge and without paying taxes is overwhelming the system.

Just as is the case nationwide, Arizona's emergency rooms are overcrowded and understaffed. Enactment of the various levels of ObamaCare will certainly do nothing but worsen this already disturbing situation.

Like all of America, property values in Arizona were certainly damaged by the recent financial collapse, but homeowners will find their investments regaining value at a ration less than the national average in some parts of the state, as certain neighborhoods and regions are becoming undesirable.

Arizona has the second highest rate of vehicle theft in the nation.

Also, while John McCain was not quite correct in his statement that illegals are driving around the highways just trying to cause accidents, he was thinking in the right direction. What I believe he was referring to is a very troubling situation that we witness far to often here. This situation is the event of an accident between a legal driver and an illegal alien, after which the illegal will jump from the vehicle and abandon it in an effort to avoid law enforcement. This, in addition to vehicle theft, is causing insurance rates to skyrocket. Carrying state minimum liability insurance in Arizona is more expensive for me than was carrying full comprehensive and collision insurance in Ohio.

Phoenix has the second highest rate of kidnappings per capita in the world. Fortunately this has contained itself to the gang and drug activity that is a byproduct of illegal immigration, but many believe it is just a matter of time before this crime spills over into the general population.

Polls are showing seventy percent of Arizonans agree with S.B. 1070, with similar numbers in agreement nationwide.

However, we should not concern ourselves with positive polling any more than we should be concerned by negative reporting and incendiary rhetoric from the likes of Sharpton, Jackson, Mahoney, or some pop starlet named Shakira who plans to speak to crowds here in Phoenix.

What we must be most concerned with is the rule of law, and our president's complete and total failure to respect the rule of law as it applies to this situation.

President Obama's posturing for political expediency is beyond reprehensible; it is immoral, and it is completely unbecoming of the Office of The Presidency.

President Obama's description of S.B. 1070 as "misguided" immediately reminded me of his stating that the Caimbridge Police "acted stupidly." His reactions are emotional and based on a political ideology, not based on facts or the rule of law.

Our president is supposed to be the leader of all Americans, not just the Blacks, Latinos, college aged youth, and single women with babies who need welfare assistance, which as shown by his latest YouTube video is clearly where he knows he can turn to find a base.

It makes no difference the color of a person's skin, or from what nation they arrived; if any person acts in a manner that is unlawful, Arizona S.B. 1070 gives law enforcement officials the right and responsibility to ask anyone with whom they have contact about their citizenship status - if that officer believes there is reason to suspect said person might be in The United States illegally.

Police might pull me over for speeding or a broken tail light just as easily as they could do the same to an illegal alien, or they might even pull over the embarrassing Congressman Raul Grijalva, a man who has made the ridiculous request of everyone outside Arizona to boycott the people he was elected to represent.

I understand that while it is not probable, it is a reasonable possibility that the officers might ask me to provide documentation beyond my driver's license to prove my citizenship. Of course I do not plan to carry my birth certificate with me everywhere I go, but I certainly would be proud to but federal law does require resident aliens to carry their Green Card with them at all times.

The bottom line is that we should never have selective "social" justice because of race, class, or gender. We should always have equal justice under the law.

America must not allow Congress and President Obama (or any other president, for that matter) to enact any type of "immigration reform" until we have absolute evidence from trustworthy sources that a barrier has been constructed completely across our southern border. In no way should this barrier be seen as discriminatory; instead it must be understood as a method of protection for the rights of the citizens of The United States of America.

The president and Congressional Democrats, with the assistance of their lackey media, will attempt to use immigration as a wedge issue in an effort to gain the support of Hispanics and independents until the November 2010 elections. We must all remember that it is simply for politics and additional voters that these people wish to strike down S.B. 1070 and enact any form of immigration reform at the national level.

Until a border fence is completely constructed reform means amnesty, and we must never lose sight of this fact.

This issue - the debate over immigration and Arizona S.B. 1070, is now the most important issue of our time.

Because of the law enacted by Arizona, we are about to begin one of the most important discussions in our nation's history. By the time this debate is done, we will have full understanding of whether we are a nation of Law as provided by The Constitution, or a nation of Men as desired by Progressives.
Related Posts with Thumbnails
 
Google Analytics Alternative