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Monday, March 12, 2007

One Loss, One Win for the America We Remember

The ACLU supported the attempt by the City of Oakland to extend rights to homosexual groups that it refused to extend to a pro-family group – and was upheld by the infamous and zany 9th District Court:

World Net Daily

” A ruling from the 9th U.S. Circuit Court of Appeals has concluded that municipalemployers have the right to censor the words “natural family,” “marriage” and “family values” because that is hate speech and could scare workers….

However, as the Pro-Family Law Center noted, the court “completely failed to address the concerns of the appellants with respect to the fact that the City of Oakland’s Gay-Straight Employees Alliance was openly allowed to attack the Bible in widespread city e-mails, to deride Christian values as antiquated, and to refer to Bible-believing Christians as hateful.

When the plaintiffs attempted to refute this blatant attack on people of faith, they were threatened with immediate termination by the City of Oakland. The Ninth Circuit did not feel that the threat of immediate termination had any effect on free speech.”

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We have come to expect these kinds of rulings by the 9th District; what we have not come to expect is this ruling in D.C. that overturned the city of Washington’s longtime ban on guns. Now that law-abiding citizens in D.C. will be able to exercise their rights, we expect the murder rate to drop precipitously – and perhaps the crime rate will drop to the low levels where ‘right to carry’ laws have been enacted.

BREAKING NEWS — Divided three-judge D.C. Circuit panel holds that the District of Columbia’s gun control laws violate individuals’ Second Amendment rights: You can access today’s lengthy D.C. Circuit ruling at this link.

According to the majority opinion, “[T]he phrase ‘the right of the people,’ when read intratextually and in light of Supreme Court precedent, leads us to conclude that the right in question is individual.” The majority opinion sums up its holding on this point as follows:

To summarize, we conclude that the Second Amendment protects an individual right to keep and bear arms. That right existed prior to the formation of the new government under the Constitution and was premised on the private use of arms for activities such as hunting and self-defense, the latter being understood as resistance to either private lawlessness or the depredations of a tyrannical government (or a threat from abroad). In addition, the right to keep and bear arms had the important and salutary civic purpose of helping to preserve the citizen militia. The civic purpose was also a political expedient for the Federalists in the First Congress as it served, in part, to placate their Antifederalist opponents. The individual right facilitated militia service by ensuring that citizens would not be barred from keeping the arms they would need when called forth for militia duty. Despite the importance of the Second Amendment’s civic purpose, however, the activities it protects are not limited to militia service, nor is an individual’s enjoyment of the right contingent upon his or her continued or intermittent enrollment in the militia.

The majority opinion also rejects the argument that the Second Amendment does not apply to the District of Columbia because it is not a State. And the majority opinion concludes, “Section 7-2507.02, like the bar on carrying a pistol within the home, amounts to a complete prohibition on the lawful use of handguns for self-defense. As such, we hold it unconstitutional.” stoptheaclu.com

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1 Comments:

At 9:15 PM, Anonymous Joe said...

Gun Control is a lose lose proposition for Democrats, and they ought to know this by now. Clinton even admitted that the prime reason that Al Gore lost the presidential election in 2000 was because he went against the NRA, of which I am a member. Mitt Romney isn't stupid. He just joined the NRA last August.

 

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