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CHUCK MUTH�S NEWS & VIEWS
March 4, 2004

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MR. MUTH GOES TO WASHINGTON

At 10 a.m. this morning (Wednesday), I�m scheduled to be one of seven witnesses 
testifying on the federal marriage amendment (four in favor, three opposed) before the 
Senate Subcommittee on the Constitution, Civil Rights and Property Rights.  Text of my 
testimony is now posted at www.lawfullywedded.com for anyone interested in this issue.

ESCAPE HATCH FOR THE RATIONAL RIGHT

�Senate Judiciary Chairman Orrin G. Hatch, R-Utah, said today he will introduce a 
resolution proposing a constitutional amendment that would explicitly give individual 
states the ability to decide whether to recognize gay marriages. Unlike resolutions 
already pending in the House and Senate, Hatch's resolution would not propose writing 
a definition of marriage into the Constitution. Hatch's approach, which he said would 
be cosponsored by Jim Talent, R-Mo., and Gordon Smith, R-Ore., differs from a 
resolution (S J Res 26) by Wayne Allard, R-Colo., that would explicitly define 
marriage as �the union of a man and a woman.� "

- Congressional Quarterly, 3/2/04

TERMINATOR NAILS IT ON GAY MARRIAGE...

�(California) Gov. Arnold Schwarzenegger, wading even deeper into the debate over gay 
and lesbian unions, said he would be �fine' with same-sex marriage if California 
voters approved it and proclaimed he had no use for a constitutional amendment banning 
gay marriage.  Schwarzenegger made the comments Monday on the �Tonight Show with Jay 
Leno,� two days before President Bush is scheduled to arrive in California, putting 
the Republican governor in direct opposition to the Republican president on a divisive 
issue in an election year. . . . The governor said he opposes San Francisco issuing 
marriage licenses to gay and lesbian couples because �we have a law on the books here. 
 I think they should abide by the law.� �

- San Francisco Chronicle, 3/2/04  

..BUT DR. NO TOPS THE TERMINATOR

�(M)any Americans understandably fear that if gay marriage is legalized in one state, 
all other states will be forced to accept such marriages. They argue that the Full 
Faith and Credit Clause of the Constitution essentially federalizes the issue; hence a 
constitutional amendment is necessary.

�But the Defense of Marriage Act, passed in 1996, explicitly authorizes states to 
refuse to recognize gay marriages performed in other states. Furthermore, the Supreme 
Court repeatedly has interpreted the Full Faith and Credit clause to allow Congress to 
limit the effect of state laws on other states. In fact, federal courts almost 
universally apply the clause only to state court judgments, not statutes. So a 
constitutional amendment is not necessary to address the issue of gay marriage, and 
will only drive yet another nail into the coffin of federalism. If we turn regulation 
of even domestic family relations over to the federal government, presumably anything 
can be federalized.

�The choices are not limited to either banning gay marriage at the federal level, or 
giving up and accepting it as inevitable. A far better approach, rarely discussed, is 
for Congress to exercise its existing constitutional power to limit the jurisdiction 
of federal courts. Congress could statutorily remove whole issues like gay marriage 
from the federal judiciary, striking a blow against judicial tyranny and restoring 
some degree of states� rights. We seem to have forgotten that the Supreme Court is 
supreme only over lower federal courts; it is not supreme over the other branches of 
government. The judiciary is co-equal under our federal system, but too often it 
serves as an unelected, unaccountable legislature.

�...Social problems cannot be solved by constitutional amendments or government 
edicts. Nationalizing marriage laws will only grant more power over our lives to the 
federal government, even if for supposedly conservative ends. Throughout the 20th 
century, the relentless federalization of state law served the interests of the 
cultural left, and we should not kid ourselves that the same practice now can save 
freedom and morality. True conservatives and libertarians should understand that the 
solution to our moral and cultural decline does not lie in a strong centralized 
government.�

- Rep. Ron Paul, Texas Republican 

THE (CAMPAIGN) DOCTOR IS IN!

You can�t change public policy if you don�t change public officials.  So Citizen 
Outreach has established a separate website project dedicated to helping under-funded, 
underdog campaigns...especially at the state and local levels.  Visit today...and make 
sure you sign up for FREE email �hot tips� on how to get more votes, more money and 
more volunteers for your campaign or grassroots organization.  Go to:  
www.campaigndoctor.com

TELLING THE U.N. WHERE TO GO

�Now we have U.S. Marines on the ground in Haiti.� To be perfectly blunt, I don't 
believe that Haiti is worth the life of one single American Marine.� That dog-squeeze 
of a country needs to be colonized.� Here's an idea:  Let's tell the United Nations 
that their lease on the East River property is up...and that their new home is Haiti.� 
The Roman Catholic Church has the Vatican, it's own sovereign nation.� Let's give the 
UN Haiti.� It's all theirs.  Have a blast.�

- Talk-show host Neal Boortz

THIS MONTH�S PORKER IS ANOTHER ELEPHANT

�Citizens Against Government Waste (CAGW) today named Representative James T. Walsh 
(R-N.Y.) its Porker of the Month for February 2004 for spending taxpayer money to fund 
building renovations at his alma mater.  Rep. Walsh used his power as chairman of the 
House Appropriations Subcommittee on Veterans Affairs/Housing and Urban Development to 
secure a $4.5 million grant to renovate a building at St. Bonaventure University.  The 
amount is 50 percent greater than the largest single, private gift to the university, 
$3 million for a recreation facility.  While most private schools rely on alumni 
philanthropists for large donations, St. Bonaventure has the benefit of having a 
�Cardinal� on the House Appropriations Committee who can donate tax dollars.�

- Citizens Against Government Waste  
(http://www.cagw.org/site/PageServer?pagename=news_porkerofthemonth_Feb04)

CASH & KERRY

�Sen. John Kerry was asked yesterday to make public all documents involving the 
emergency $6.4 million bank loan he secured on his Boston town house late last year to 
finance his then-sagging presidential campaign.  At issue is the Mellon Bank's $12.8 
million appraisal of Mr. Kerry's house on Boston's Beacon Hill � substantially higher 
than the city's $6.95 million property-value assessment. That has raised questions 
from the Massachusetts Democrat's critics about whether he has loaned far more to his 
campaign than his assets justified and thus violated, or at least stretched, 
campaign-finance laws.�

- Washington Times, 3/2/04

BAND-AID PURPLE HEARTS

�Will (John Kerry) release his medical records for that period of time he served in 
Vietnam?� Answer:� No, he won't.� And why not?� We don't know ... but I have a hunch.  
Kerry has been making a mega-huge deal out of his service in Vietnam, and his three 
Purple Hearts.  If you are adept at cruising the Internet you will find no dearth of 
articles about Kerry's Vietnam service and those three wounds.� Some call Kerry's 
commendations �Band-Aid Purple Hearts.�� The definition is clear.� Get a slight 
scratch -- apply a Band-aid -- receive your purple heart.  Is it possible that Kerry 
is afraid for the public to find out that he was receiving Purple Hearts for wounds 
that most Vietnam GIs wouldn't have even reported to their superiors?  Just 
speculation ... until we see the records.�

- Talk-show host Neal Boortz

THIS JUST IN

� �This Just In� (is) the title of a new animated comedy series that will debut 
Sunday, March 14 on Spike TV.  Believe it or not, the thing leans to the right.  The 
show is the creation of producer and standup comedian Steve Marmel and Spike exec 
Kevin Kay. The series follows a journalist and his friends as they explore news, 
politics and pop culture from a distinctly conservative perspective. Guess there are 
some conservative professionals brave enough to invade the enemy territory of 
Tinseltown after all. To drive this point home, the lead character of the show, 
reporter Brian Newport, is so enamored with the Bush administration he sees 
Condoleezza Rice as a sex symbol.�

- Left Coast Report, 3/2/04

TECHNICAL UPGRADE

As I�ll be in Washington all day Wednesday, we�re taking that day to do a little 
system upgrade to our newsletter and have it moved to a new server which HOPEFULLY 
will resolve some of the problems we�ve had with delivery over recent months.  So we 
*might* not have a Thursday News & Views.  Just a head�s up.
__________________________________________

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