Posts Tagged ‘Elane’

Recent Court Decisions’ Unintentional Consequences, Making the Bible Unlawful Speech

April 17, 2014

Image

I am trained as a portrait and wedding photographer and this photo, 50 x 50 inches, hangs outside my small studio on a major thoroughfare. I also studied law in an ABA certified paralegal program.

In New Mexico, I had personal interaction with major players in the Gay Marriage laws, the author of the senate bill giving homosexuals special privileges in the Human Rights Act and the judge in the recent Elane vs. Willock wedding photography case. I was a student of the senator and read the original bill as drafted, and I sued the judge who wrote the majority opinion in Elane, twice.

I wrote a letter of protest to that senator, copied below. In it, I made two distinct conclusions of law and included a warning:

1) Same-sex couples cannot consummate and therefore ‘perfect’ marriage contract. Marriage law does not have provisions for same-sex partners, the law governing from ‘I do’ to ‘dissolution’ protects the spouse, children, and controls the distribution of property.

2) The above concludes that same-sex partners cannot contract under marriage law. Further proof is that any natural issue, children, from either partner, is per se ‘out-of-wedlock.’ Logic dictates, therefore, there was no wedlock, i.e., the ‘marriage’ is void ab initio.

However, the constitution guarantees the state cannot interfere in contract, and same-sex partners can contract to gain equal protections and rights. This is not a ‘separate but equal’ violation, because you cannot conflate Coitus with Sodomy.

Finally, if the Human Rights Act in New Mexico prevails, as does this horrible decision of the Court of Appeals forcing any wedding photographer into contract or face punitive fines, then the court through this horrible judge, a law-breaker and scoundrel, essentially makes the bible unlawful speech.

I see a possibility that a minister or civil servant will be prosecuted or fired if forced to solemnize a same-sex marriage, or issue marriage licenses; their refusal based on intimate belief in the bible, that homosexuality is the Sin of Sodom and not to be tolerated or associated with.

Nevertheless, will it come to the point when reading or citing scripture concerning homosexuality, the Sin of Sodom, is unlawful speech? I believe the United States has been protected by angels, but the Homosexual Agenda for Marriage and Roe vs. Wade Abortion have distanced our nation, the People, from Heavenly protection. For this reason, I make my case and publish it for those who have a heart to understand.

LETTER

to

State Senator Cisco McSorley

Dear Mr. McSorley,

I am a former student, Business Law at TVI, over ten years ago.

Gay Marriage laws are Lochnerean as they pit the police power of the state against existing contract law, history, and tradition. The state, to exert police power, must have a legitimate interest in the creation of same sex marital contract.

Yes, the state has considerable interest in marriage; the point proven when one reviews the considerable body of law that has grown out of ‘I do,’ ‘I now pronounce,’ all the way to Divorce, Probate, and Intestate Succession. You see, Marriage not only is formation of a special partnership but extends to its dissolution requiring consideration of children, who are not directly privy to the original contract, or oath, except through bloodline.

The state high courts invoked the 14th Amendment (NM Const Art 2 § 18), but they misapplied ‘equal protection’ which in that clause specifies the sexes, male and female, not various forms of ‘sexuality,’ even if Homosexuals have recently become a ‘protected class.’ This was false logic; a weak if not impossible conflation of terms, or at worse an unconstitutional revision.

In addition, Justice Holmes’ famous ‘history and tradition’ must be considered, and the bible is an indelible foundation to our tenets, morals and body of law, if not vital precedent. In this case, the court has revised law and contract that effectively makes the bible itself unlawful.

Natural Law must not be violated; indeed, the courts have no jurisdiction over Natural Law. Therefore, God of the bible as the source/creator of all Natural Law, ‘nature’s law,’ is that ‘light’ that reveals the truth and creates both shadows and penumbras; not a careless misinterpretation of law by human judges.[1]

The state is now exercising its power in defiance of history, tradition, and may I add nature. Poor Elane and her husband can never again freely engage in her ‘liberty to contract’ wedding photography and is forced to either accept gay marriage or pay the fine (Cf. Islamic ‘jizyah’).

The state (Judge Tim Garcia in the NM Court of Appeals) unconstitutionally interfered with her right of contract (wedding photography is not a ‘service’ per se). Therefore, the state has chosen an illogical conflation of rights and protections in defiance of Natural Law, History, Tradition, and Liberty of Contract, while declaring the bible unlawful in the process.

Same Sex Marriage Void Ab Initio

The act of consummation, coitus, is an essential element of the marriage contract (with rare medical exemptions if known by the parties), for without issue, a bloodline, the bulk of the law is irrelevant and the contract imperfect, a sham, void ab initio.

In a same sex ‘marriage,’ any natural issue from either member of a same sex partnership is automatically ‘out of wedlock,’ and therefore logic prevails in the conclusion that no wedlock existed, or could exist in the first place.

Tim Garcia

Tim Garcia and I go way back, to 1998, when I introduced him to the original owners of TowerPlaza. As thanks, Tim forced me out of my photography studio, but I was able to rebuild on the 5th Floor under a new 5-year lease. Tim hired an incompetent elevator maintenance company who miswired the door actuator, frying the relays. My new wedding and portrait photography studio was closed, only five months after completing extensive renovations. I had only shot one wedding.

I fought Garcia in small claims court and won, but my attorney refused to submit his legal fees, over $2000, which exceeded any savings in abated rent. I petitioned Judge Roderick T. Kennedy to remove my attorney of record so I could submit the motion for attorney fees and injunctive relief, but he refused time and time again until his jurisdiction expired.

When Tim Garcia refused to fix the elevator, interpreting Kennedy’s judgment in my favor as an order I operate in an out of code and illegal condition for the contracted term of the lease, I sued in Federal court pro se under ADA Title III and Continuing Nuisance as a New Cause of Action.

The judge denied my jury trial, dismissing the case. However, Tim Garcia was fired from his LLC manager position, was forced to sell his membership, and had to close his law offices in Santa Fe.

[1] Read the original Wall of Separation sermon by Roger Williams, and despite Jefferson’s letter to the Danbury Baptists and J. Hugo Black creating the Separation of Church and State, there is no ‘wall,’ but the bible itself protecting a just society from lawlessness.

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