Jakubczyk on Common Sense

Applying faith and reason to ideas, issues and events in today's world

Thursday, October 23, 2014

Federal District Court Judge rules in Defense of Marriage

I will applaud a judge when he gets it right. This judge got it right.  Read this cogent reasoned opinion by a federal district court judge declaring Puerto Rico's laws on marriage valid and dismissing the complaint by same sex marriage advocates.

Ryan Anderson does an excellent job of summarizing the matter. Read about it here.

For my part I read the Opinion by Judge Juan Pérez-Giménez . I encourage anyone who wants to examine a well articulated defense of law, precedent, stare decisis and logic to read the opinion. 

Finally he chides his fellow judges for failing to act as judges by asking some very interesting questions.  Again nothing  can substitute for reading the actual opinion.

Tuesday, October 14, 2014

A Judicial Oligarchy

I have said this before and today's pronouncement from the U.S. Supreme Court only confirms it once again. We do not live in a democratic republic. We do not live in  a federal system of government where there are states that have rights, duties, responsibilities and limitations on what they can do and a federal government that is "limited" in its jurisdiction.

Today's decision by the Court to enjoin enforcement of some of Texas' new abortion regulations law is a perfect example of federal over-reaching.  The law passed addressed regulatory rules for free standing surgical centers (read abortion mills) that would protect patients from shoddy abortionists like Kermit Gosnell of Philadelphia or Stephen Bingham, lately of New Jersey.

How many women have to die before these justices recognize the error they have made?

Random thoughts for the week of October 12, 2014

Having observed the frantic pace in which the courts, politicians and the media, both news and entertainment (although these days it is difficult to distinguish them) have been focused on all things "gay" or homosexual, I offer the sobering thought that human beings ought not be defined by their appetites. Appetites change, proclivities change, the person remains a person. and if we be defined at all, let it be that we are defined as children of the one God who calls us all out of darkness into His own wonderful light.  Let us be defined as members of a human race in need of salvation.  Let us draw our identity not from the ooze of the earth but from the blood of the cross.  In this only can we find out our true meaning and purpose while here on this earth.

Sunday was the 522nd anniversary of the discovery of America by Christopher Columbus.  Now the fellow has been getting beaten up pretty regularly over the last 20 years ever since some folks decided that his "actions" when he arrived in "the New World" did not meet some modern historians' approval.  And truth be told, Columbus made some mistakes along the way.  But the venom that modern day apologists for the "indigenous peoples" have spewed is absurd and hateful ( to use one of their terms).  The courage and skill exhibited by Columbus merit respect in their own right.  The real reason that these people hate Columbus was his unvarnished Catholicism.  He believed that it was his destiny to bring Christianity to the Indies.  That he discovered a new land was a happy accident.  But the exploration of the new world and its colonization was one of the single most important events in the history of western civilization and the world.  So celebrate this week and thank God that Columbus had the guts to set sail west to discover that new route to the Indies.  And while one is thanking God, include a kind word for Isabella, Queen of Spain, who believed in his vision and financed the trip.

Considering that the elections are less than a month away and early balloting has commenced, I recommend people take some time to find out where they are registered and who is on the ballot. Prepare oneself by studying the candidates and the issues - especially any ballot propositions. Start by recalling that there are threshold issues which determine if the candidate even deserves consideration. For example, if a candidate believes that abortion - the killing of a baby in the mother's womb -  is a perfectly acceptable "choice" for a mother to make, then the candidate does not deserve consideration for the simple reason that if he (or she) will allow the law to permit legal killing, there is no telling what other awful ideas he may support. hose who support killing of the innocent do not deserve our vote. Period. End of story.

With all the discussion of ISIS and the Middle East, it is clear that most modern journalists along with most politicians, have absolutely no understanding of history.  For example, last week on October 7, the Catholic Church celebrated the feast of Our Lady of the Rosary.  Why?  Well, there was this little battle in 1571 called Lepanto.  The Ottoman Turks were about to invade Europe AGAIN and there was a defense by the Christian forces under the leadership of Prince John of Austria.  The Christian forces won and Islam was turned back yet again. The Turks would renew their efforts in 1683 at gates of Vienna.  The Battle of Vienna was just another defense of Europe by Christian forces this time led by Jan Sobieski, the king of Poland.  Most Americans do not recall their early American history when our merchant ships were being attacked by Barbary pirates off the coast of North Africa.  How many people know that the famous line in the Marine hymn references these battles?  So when people are clueless about the extremism that is endemic to Islam or its political/theocratic composition, please refer them to the history books.  The one thing lacking in the West today that is real cause for alarm is the failure to appreciate the need to seek God's providence. For without God, we can do nothing.

A personal note: on Monday October 13, 1979 I took an oath and became a licensed attorney in the state of Arizona.  35 years later, by the grace of God, I continue to use this gift to assist those who have need for my legal advice and counsel.  It was the following Monday on October 15, 1979 that I "hung out my shingle" as they say and opened for business in a small room on East Thomas Road in Phoenix.  I have always believed that God intended me to be a lawyer to help protect his little ones and their mothers, to defend those in the courts and to provide good legal advice consistent with the Gospel.   Sadly there have been many times when I was unable to prevent the tragic deaths of the babies.  The memories of those failures often haunt me. Yet by Christ's mercy, I continue to offer myself as a champion for the innocent and to encourage others to stand up for life. May God grant me the strength and the grace to do His will in my work.