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Francis Joseph Donovan
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I am not surprised at the venom or personal attack launched against me because I posted a legal opinion on a constitutional issue. When the mouth spews excrement the person must have much of that inside. This board needs cleansing.
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Gary's citations to the Bible were off topic but led me to renew my acquaintance with that book. Gary might be interested in lEVITICUS 18:22
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I posted a legal opinion on constitutional rights of Gays. I posted my qualifications. Gary Farber answered with a comment that was neither on the issue nor within his area of expertise. He has no legal qualifications. He is incompetent to give a legal opinion. His last excursion into the history of polygamy is a total waste of time. I am sorry that I answered him. I will not again make that error
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Gery Farber inserts a group of people who are married (male and female} but have no children. Procreation is sometimes not possible because of some natural cause or a couple may use contraception. The potential for procreation is present but that is not the same for homosexual unions. Furthermore, from a legal point of view, it is my opinion that the state may onstitutionally grant rights to couples who raise children and deny those rights to childless couples. Think of tax deductions for children and their education. You will note that I am not discussing morality or religion. My point of view does not involve those issues. Gary throws in a comment on polygamy which is beside the point. A typical manouver when a person has no response on an issue. I trust he is not a lawyer.
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With all the discussion of Gay rights, we should look to the source of those rights. Why does not someone answer the demand of gays for equal rights? We don’t want to be unfair. The constitutional right to equal protection does not mean that everyone must be treated the same. An adult, two or three times the age of a child may be given voting or property rights that are not given to the child. In the use of a village-owned parking field, a nonresident may be charged a fee higher than charged to a village resident. A healthy, able-bodied person need not be given the same right to public accommodations as a handicapped person. What is the test? Where there is a substantial difference between two groups having some reasonable relation to the subject of the regulation. There is ample reason why rights given to a union of a man and a woman can be withheld (and perhaps should be) from a “gay” couple. This distinction is not based on religious principles. For centuries the family has been regarded as a foundation of a tribe or nation. This is a union designed to produce the children needed to sustain the nation. We see this illustrated in present-day Europe. The non-Muslim couples in nations like France are not having children. Abortion and contraception have led to a situation where the marrieds are not replacing themselves. It is in the interest of a nation to encourage family stability and production of offspring. Is it not fair to ask: What benefits flow to the national welfare from the union of same sex couples? There is no constitutional objection to laws treating the two groups differently. One might question my expertise in this area of the law. I graduated law school “summa cum laude.” I was a judge for 15 years. I handled the legislative program of Nassau County for 10 years. Francis J. Donovan, Hicksville (Retired Nassau County District Court Judge) Media distortion
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