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Activist appeals court cites “evolving legal doctrine” in LGBT employment decision

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In a series of articles I wrote in October and November last year, I documented how complacency with our God-given rights had officially ushered in the era of post-Constitutional America.

This ignorant thinking has created an environment of government dependency that serves as the perfect breeding ground for tyrannical leadership from every level of government. As a result, government overreach is welcomed with open arms by a populace willing to negotiate away Constitutional rights in exchange for whatever Big Brother has to offer.

This has also given rise to the unconditional surrender of self-governance to the unelected overlords of our judicial system. Using activism disguised as justice, these judicial tyrants have elevated themselves above other branches of the government and “we the people”—writing laws instead of judging them under the progressive belief that the Constitution is an evolving, living document.

One area where the courts have routinely been guilty of judicial tyranny is in the LGBT arena. From same-sex marriage to transgenderism, courts at every level create laws out of thin air to advance the LGBT agenda, as we see in a recent ruling from the Second Circuit Court of Appeals.

Using a non-existent interpretation of Title VII of the 1964 Civil Rights Act, the court ruled that homosexuality is a protected class under the statute by remarking that while courts have not applied Title VII in this manner in the past, it was doing so now because “legal doctrine evolves.”

Writing for the majority, Chief Judge Robert Katzmann, stated that “we now conclude that sexual orientation discrimination is motivated, at least in part, by sex and is thus a subset of sex discrimination. To the extent that our prior precedence held otherwise, they are overruled.”

The word “sex” has always been interpreted as biological birth sex and was originally intended to protect female workers, but that didn’t stop the Second Circuit Court of Appeals from stretching the law to fit an agenda.

“To determine whether a trait operates as a proxy for sex, we ask whether the employee would have been treated differently ‘but for’ his or her sex,” Katzmann wrote. “In the context of sexual orientation, a woman who is subject to an adverse employment action because she is attracted to women would have been treated differently if she had been a man who was attracted to women.

“We can therefore conclude that sexual orientation is a function of sex and, by extension, sexual orientation discrimination is a subset of sex discrimination.”

In post-Constitutional America, the letter and intent of the law is irrelevant. All that matters is how judicial tyrants can twist it to serve their politically correct and unconstitutional agenda.

Originally posted on The Strident Conservative.


David Leach is the owner of The Strident Conservative. His politically incorrect and always “right” columns are featured on RedState.com, NOQReport.com, and TheResurgent.com.

His daily radio commentary is nationally syndicated with Salem Radio Network and can be heard on stations across America.

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Conspiracy Theory

Why we need to believe Ephesians 6:12 today, perhaps more than ever before

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Ephesians 6:12

The idea of doing a podcast has been weighing on me lately. It’s not really even a long-term itch; after it reached my mind just a few days ago, that turned into a very stout and concentrated calling that hit my heart like a ton of bricks. It went from not being a consideration to being something I absolutely had to do in less than a week.

The first episode is done and we’re ready for people to hear it and give feedback.

This podcast’s primary topic is going to be Ephesians 6:12. If you’re not familiar with the verse, you may wonder how we intend to do an enire sustained series of podcasts surrounding a single verse. Upon reading it, you should realize that what it suggests and the topics it encompasses could easily be turned into a daily show if necessary.

For we wrestle not against flesh and blood, but against principalities, against powers, against the rulers of the darkness of this world, against spiritual wickedness in high places.

At some point, we will be moving this and other episodes we do to a true podcast hosting site. We’ll also distribute it to multiple places for download and direct listening, but to get things rolling we’ll be using YouTube and Facebook to publish the podcasts.

This one is general in its focus. Future episodes will be more specific. We want to get feedback as soon and often as possible.

When we realize we’re not fighting against flesh and blood but against principalities and powers, our perspectives on how to wage this battle become more clear. Hopefully, this show will be a blessing to you as much as it has been to us.

 


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Culture and Religion

Shouldn’t the Left be held accountable for the racism of gun control?

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Shouldnt the Left be held accountable for the racism of gun control

Liberty control has its roots in racism. Why isn’t advocating for it considered to be racist?

We find ourselves at a very interesting conflux of issues these days. On the one hand, Democrats in Virginia are fighting off charges of racism while the rest of the nation’s Socialist-Left is openly talking about subjects such as ‘white privilege’ and judging people based on skin color instead of the content of their character as in the Covington Catholic high school case.

Contrast this with their incessant efforts in tearing down basic human rights, in particular the right of self-defense. Meanwhile, we have the 1-year mark of the Parkland mass murder, the fuse that set off the Left’s crusade against Liberty. The Left’s efforts in controlling the right of self-defense have their roots in racism, not to mention that their crusade against this basic human Liberty adversely impact the minority community, so shouldn’t they be condemned for their racism in this regard?

Shouldn’t the Left have to answer for this?

The issue of Liberty [gun] control is one of the Left empowering themselves at the expense of the innocent. What began as a way of depriving certain people of their civil rights has continued on with expansion to those opposed to the Left’s socialist national agenda while still fostering policies that keep minorities vulnerable.

It’s one of those pieces of history the Liberty grabber left would like to keep hidden away like pictures in a yearbook. In what hearkens back to the infamous Dred Scott decision with the right to keep and carry arms a factor, from the text of the decision:

It would give to persons of the negro race, who were recognized as citizens in any one State of the Union, the right to enter every other State whenever they pleased, singly or in companies, without pass or passport, and without obstruction, to sojourn there as long as they pleased, to go where they pleased at every hour of the day or night without molestation, unless they committed some violation of law for which a white man would be punished; and it would give them the full liberty of speech in public and in private upon all subjects upon which its own citizens might speak; to hold public meetings upon political affairs, and to keep and carry arms wherever they went. And all of this would be done in the face of the subject race of the same color, both free and slaves, and inevitably producing discontent and insubordination among them, and endangering the peace and safety of the State.

[Our Emphasis]

We and others have touched on this subject before with the point that that the original purpose of many Liberty control laws was to render certain minorities helpless in the face of KKK terror. This is exemplified in a recent article by David Kopel on The Racist Influence on Gun Control Laws:

How do you stop a lynch mob? With a Winchester repeating rifle. That was the advice of Ida B. Wells, the great journalist who led the fight against lynching. To frustrate her work, a new form of gun control was introduced.

On June 25, 1892, Wells penned an iconic article for the New York Age, which was reprinted as a nationally circulated pamphlet, “Southern Horrors.” After noting cases in which lynch mobs had been defeated by armed blacks, Wells continued: “The lesson this teaches and which every Afro-American should ponder well is that a Winchester rifle should have a place of honor in every black home, and it should be used for the protection which the law refuses to give.

While the laws are no longer overly racist, the incremental assaults on our Liberty adversely impact minorities as pointed out in article on The Racist Roots of Gun Control:

Any kind of licensing scheme on gun ownership represents a costly barrier to entry. Minorities of humble means are effectively priced out of their right to self-defense. Researcher John Lott explained last year in an article for The Hill how expensive licenses and fees for carrying weapons burden minorities and other vulnerable groups.

No matter how much progressives claim to defend minorities, supporting gun control does them a massive disservice. The fear and danger many inner-city dwellers in places like Baltimore and Chicago must contend with on a daily basis is only aggravated by the cities’ gun control policies.

Even the new rage of Gun Confiscation SWATing adversely impacts the most vulnerable. Since they may not have the resources to get back their property and their good name after it has been taken from them without due process. With these so-called ‘Red flag’ laws reported as reported on the site Bearing arms on The spike in gun confiscations thanks to so-called ‘Red Flag Laws’:

Right now, everyone seems to be crowing over the number of seizures, but how many actual tragedies have been avoided? More importantly, how many “false positives” have we seen. By that, I mean how many innocent, law-abiding people with no intention of harming another found themselves disarmed by force of law despite having done nothing wrong because someone else said they did?

While these seizures can be fought, not everyone can afford to do so, making them especially burdensome for the poor who often live in high-crime areas and often rely on their firearms for personal protection.

The Takeaway.

While Leftists have a distinct predilection in projecting their faults on others, the charge of racism is particularly galling. Since as Bill Whittle pointed out they have no real effect except on those who aren’t truly racist.

It is equally galling that Leftists incessantly push for gun confiscation and it’s precursor steps, a socialist agenda item that is steeped in racism. Meanwhile, they take on the air of being the champions of the downtrodden, the people most adversely affected by their quest for power in disarming the people.

 


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Conspiracy Theory

Launching the ‘Principalities and Powers Podcast’ shortly

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Launching the Principalities and Powers Podcast shortly

For the past few weeks, I’ve been wanting to do something around the idea that the teachings of Paul to the Ephesians, particularly in chapter 6, are not only relevant today but may be more relevant than any time in the past. Specifically, I believe we’re facing the threats Paul warned us about in Ephesians 6:12.

For we wrestle not against flesh and blood, but against principalities, against powers, against the rulers of the darkness of this world, against spiritual wickedness in high places.

My first thought was to write an article, but on various websites I’ve probably written five or six articles on the topic over the years. Then, I thought it deserved the article series treatment; one core article with several attached articles that go into specifics about what we are facing.

Again, this would have been too small. For a very brief time I considered writing a book on the matter, but anything I were to write today would be at least partially obsolete by the time it was printed and distributed. That’s the nature of today’s world in respects to Ephesians 6:12. The rulers of the darkness are working overtime and making changes to everything around us.

That’s when the podcast idea came to mind. It’s been years since I’ve participated in a weekly podcast. I’ve been on several in the past two or three years but as far as doing my own, those days are far behind me. Now, it’s time to get back to it.

For now, I’m going to do a handful of podcasts and upload them first to YouTube. It’s important to find the proper distribution, hosting, and marketing for the podcast, so rather than put the first episodes in a temporary home as I search for partners, it makes more sense to house them where I know they’ll continue indefinitely. Since I’ll be putting them on YouTube regardless of where they’re hosted for the sake of iTunes and other platforms, it’s best to start there until we’re ready for full launch.

I’d ask that those of you interested in helping push this project forward faster either donate directly to this site, which will be funding it now and likely into the foreseeable future, or at least use our Amazon link to get us some commission while you shop.

There are plenty of Christian podcasts. There are likely even more political podcasts. There’s a handful of reputable conspiracy theory podcasts that aren’t trying to convince us chemicals in the water are turning the frogs gay. But I have yet to find one that approaches this particular topic the way I intend to.

If we examine the world through a Biblical lens and report on all the things that are happening that don’t make any sense to our rational and thoughtful worldview, we’ll find the sources of many of our problems are more supernatural than many realize.

We’ll be recording episodes soon. Stay tuned!

 


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