FACT Report: March 22, 2017

The Secret Behind Judges ‘Making Law’ (March 22, 2017)


Judges are only supposed to interpret and apply the law, so why does it seem that judges are increasingly making the law? A case in Knoxville is demonstrative.

The court is being asked to “interpret” a statute that expressly refers to a husband and wife marital relationship so that it would now apply to a marriage between two women. When that law was enacted, the Legislature never intended it to apply to two women. But if the court “interprets” the law contrary to the intent of the Legislature or “interprets” it to apply to situations that the law was never intended to cover, then the court will have actually made a new law.

Now you know how judges go about making law—by “interpreting” existing laws to do things and apply to things our real lawmakers never intended.

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FACT Report: March 15, 2017

Will Judges Stop Lawless County Clerks? (March 15, 2017)


A few years ago, the attorney general opined that elected officials such as county clerks must obey the law, even if similar laws in other states have been held unconstitutional, until a court actually declares the Tennessee law unconstitutional.

So why are our county clerks issuing same-sex “marriage” licenses when the license law, which requires applicants to be a male and a female, has not yet been ruled unconstitutional by a court? Who gave county clerks the authority to act like judges and decide whether the words “male” and “female” could just be stricken from that law and that they could go on with business as usual?

A lawsuit filed by FACT has asked the courts to stop this unauthorized activity. Soon we will find out if even our judges care anymore if the law is obeyed.

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FACT Report: March 8, 2017

Does Your Voice Matter to These Businesses? (March 8, 2017)


Tennessee Thrives is an organization connected to a liberal organization in Washington, D.C. and has been asking businesses to join their organization. The group wants these businesses to oppose any new law that could cause the LGBT radicals to boycott Tennessee like what happened in North Carolina.

In other words, these businesses seem to be saying, “Biological males can shower with your daughters in the junior high locker room if that’s what it takes to keep LGBT activists from boycotting our state.”

Apparently, these businesses believe the safety and privacy of our daughters is for sale as long as the Human Rights Campaign or others don’t boycott the sale of their wares.

Go to the Tennessee Thrives website, find out who these businesses are, and then avoid patronizing them when you can. After all, they don’t think you matter anyway.

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FACT Report: March 1, 2017

Does Religious Liberty Have a Prayer Anymore? (March 1, 2017)


We shouldn’t be surprised that Washington State’s Supreme Court ruled that florist Barronelle Stutzman had to provide floral arrangements for a same-sex “wedding” ceremony in violation of her religious beliefs.

Ninety-eight years ago, the U.S. Supreme Court said a Mormon’s belief did prevent him from being prosecuted for polygamy. The Court said, “To permit this would be to make . . . religious belief superior to the law of the land, and . . . permit every citizen to become a law unto himself.”

Back then the Court reasoned that our Founding Founders did not intend for the free exercise clause to be used to trump laws based on the then-prevailing moral code.

Now, the prevailing moral code says same-sex “marriage” is okay, and that’s why Ms. Stutzman’s religious beliefs didn’t have a prayer in Court.

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FACT Report: February 22, 2017

Cain and Able at the Capitol? (February 22, 2017)


Last week the chaos we’ve seen in other states descended on Tennessee’s Capitol. Yelling by LGBT activists shut down a press conference by legislators trying to discuss their legislation regarding bathroom privacy. State troopers just stood and watched.

Legislative leaders act paralyzed and rightfully so. Since we threw God out of civil government, there is no legitimate basis for anyone in government to demand that demonstrators be peaceable. On what basis can anyone say to someone else, “You can’t do that. Stop!” without the other saying, “Says who?”

Yale law professor Arthur Leff once said that without God as a ground for authority our “ruling model. . . appears to be … Cain and Abel. . . God help us.”

He was right. Cain is showing up everywhere, even at our state Capitol. God help us, indeed.

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