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Unintended consequences of same sex marriage

John H. Wilson, Esq.,a former New York State judge

and the author of several books, submitted this article.

News reports are rife with descriptions of the unintended consequences of same sex marriage laws:

  • The Christian baker who is forced to make a wedding cake for a same sex couple in violation of his religious scruples.
  • The family farm in upstate New York forced to pay a large fine for refusing to host a gay wedding.
  • The pastor who runs a wedding chapel in Idaho required to pay thousands of dollars a day in fines if he continues to refuse to perform same sex weddings.

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What are the implications for religious liberty?  Doesn’t the First Amendment protect the free exercise of religious?  Isn’t there a separation between church and state?

With the advent of same sex marriage statues across the nation, there can be no doubt that the rights of religious persons to “opt out” of involvement in something that offends their moral standards has been severely constricted.  Many of the laws which authorize gay weddings also contain exemptions allowing religious institutions to invoke their time honored standards and opt out of participating in such ceremonies.  However, these same laws give no protection whatsoever to religious persons who follow the teachings of these same exempted churches.

Several recent cases will illustrate the difference.

In Coeur d’Alene Idaho, Donald and Evelyn Knapp own the Hitching Post, a wedding chapel, situated across the street from Town Hall, where marriage licenses are issued.  Both are ordained ministers, and have declined to perform same sex weddings based upon their religious beliefs.  The City Attorney brought a discrimination complaint against the Knapp’s, alleging that their chapel is actually a “for-profit” business, and as such, not entitled to protection from the City’s non-discrimination ordinance.

In a letter published on the website for the Alliance Defending Freedom, the City Attorney admits that “if (the Knapps) are truly operating a not-for-profit religious corporation they would be specifically exempted from the City’s anti-discrimination ordinance, Municipal Code 9.56.01 0 et seq.”  

Prior to the filing of the anti-discrimination complaint, the Knapps had been operating their business for profit, and not as a religious corporation.  Only after the complaint was brought did the Knapps file the necessary paperwork to be considered a church, exempt from the City’s ordinance.  This leaves the Knapps in a different legal position than someone who has operated a church all along.  But the point to be understood here is that Idaho’s law specifically exempts religious groups, such as churches, from the anti-discrimination law.

In fact, as the City Attorney for Coeur d’Alene states in his letter,  “in addition to specifically exempting religious corporations, associations, educational institutions, and societies, section 9.56.040 of the anti-discrimination ordinance states that the ordinance ‘shall be construed and applied in a manner consistent with first amendment jurisprudence regarding the freedom of speech and exercise of religion.'”

In New York, Domestic Relations Law Sec. 10-a (1) states that “a marriage…shall be valid regardless of whether the parties to the marriage are of the same or different sex.”  However, Section 10-b of the same law specifically states that religious entities, religious corporations, “benevolent orders,” and their employees “shall not be required to provide services, accommodations, advantages, facilities, goods, or privileges for the solemnization or celebration of a marriage.”

In fact, New York’s law goes on to state that “any such refusal to provide services, accommodations… facilities, goods, or privileges shall not create any civil claim or cause of action or result in any state or local government action to penalize…such religious corporation…”

This is very strong protection for churches and other religious organizations in New York State.  But this law, and the ones like it across the country, do absolutely nothing to protect persons of religious conviction who are members of these excluded churches.

The Liberty Ridge Farm in upstate New York, a family owned and operated farm, was contacted by a lesbian couple, who claimed they wanted to have their wedding at the farm.  The owners, Cynthia and Robert Gifford, have strong religious feelings, and declined to host the wedding.  Unknown to Mrs Gifford, the phone conversation between herself and the brides to be was recorded, clearly in anticipation of litigation against the farm.

The New York State Division of Human Rights ignored the fact that the “victims” had basically “set up” the Giffords, and fined them $13,000.00.  The Administrative Judge ruled that the farm “is a for-profit limited liability company that markets its services to the general public through its website and social media accounts, that Liberty Ridge Farm was a ‘place of public accommodation’ and could not rightfully turn away the couple on the basis that they were homosexual.”

The same “for-profit” status of the Hitching Post in Idaho led to the discrimination complaint filed by the City of  Coeur d’Alene against the Knapps.  But there, the Knapps, being ministers, could change the status of their business to a religious corporation and seek protection under the anti-discrimination law’s exemption for churches.  What are the Giffords to do?  Must they put aside their sincerely held religious scruples and host weddings their religion teaches them is sinful?

In fact, the Giffords will no longer host wedding ceremonies at Liberty Ridge Farm.  Instead, they will only host the reception, regardless of whether the couple is gay or straight, and regardless of the effect on their business.

To date, this is the only choice available to religious persons who wish to actually practice the principals of their faith.  In Colorado, baker Jack Phillips has vowed to stop making wedding cakes rather than violate his beliefs and make a cake for a gay couple.    In Oregon, Melissa and Aaron Klein closed their bakery and began running their business out of their home to avoid discrimination complaints.

This cannot be the result intended by those who promulgated the laws allowing for same sex marriage.  If the law was meant to provide gay people with the freedom to marry whom they chose, how could those same laws be the instrument for suppression of religious expression?

In general, all Americans can agree that discrimination in public accommodations should be discouraged.  But at the same time, there are many people who hold mainstream religious views, backed with thousands of years of practice and belief, and the free exercise of these religious beliefs is protected by the First Amendment to the Constitution.  How could those same beliefs suddenly be unprotected and discriminatory, leading to these same persons retreating from public participation in their avowed trades?

Currently, there is no satisfactory answer to this question.  Many gay rights groups claim the right to battle all forms of discrimination against their right to marry and will recognize no exception.  More reasonable lawmakers have built protection for religious institutions into same sex marriage statutes.  However, to date, religious persons are not granted any exemption from the same law that protects the churches they attend.

Until this situation is addressed, same sex marriage laws will continue to have the unintended consequence of causing discrimination to be practiced against persons of sincerely held religious convictions.

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Net Neutrality as an excuse for government control

Freedom of speech, and particularly freedom on the internet, is again under attack, as the “net neutrality” issue once again flares up.  The White House now seeks to regulate the internet as though it were a public utility. Net neutrality is concept that all users of the internet should be treated equally.

The battle is between two forces, each seeking to exert control over how information is transmitted on the internet. One side seeks to provide faster access to more powerful users such as entertainment giants, (Smaller users may be forced to endure second class status and may not benefit from faster speeds in the future if the concept of “net neutrality” does not endure) and the government, which is seeking to use that attempt as a means of gaining ultimate control for Washington bureaucrats, posing a problems for the average user.

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In yet another assault on free speech, the Washington Free Beacon eported yesterday that a U.S. University conducted a study on how to delete conservative-oriented tweets from Twitter.

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Honor our veterans and support our troops

Today is Veterans Day.  It’s an appropriate time to remember that for at least the past one hundred years, the greatest force for good on this planet has been the United States military. The men and women of our armed forces have rescued more people from tyranny, liberated more captive nations, freed more women from oppression, and provided more assistance to victims of natural disaster than any other entity that has ever existed throughout humanity’s long history.  It is our veterans, not our politicians or pundits that offered up their lives for the cause of American freedom and safety.

The peace at any price crowd, the self-important academics, the pandering elected officials who try to buy votes by transferring funds out of military budgets and veterans programs and into give-away programs that are little more than thinly disguised bribes  for support in the next election should also remember that these heroes are human.  The dangerous and frankly idiotic cuts to our defense spending over the past several years have meant that our active, reserve, and national guard Soldiers, Sailors, Airmen and Marines must serve repeated tours facing danger and being away from their families.  These cuts have been so significant that by next year America may have a smaller army than North Korea.

For solving these kinds of problems all that you need is to order herbal pills from the comfort of home. slovak-republic.org generic cialis online Otherwise the sildenafil online india slovak-republic.org man may forget to pop the pill if it needs to be taken just before the climax so that the libido can be lowered. Bitter MelonIt also helps in lowering blood cialis properien slovak-republic.org sugar levels. Erectile dysfunction also indicates that a person who is experiencing this condition can feel the guilt of not satisfying his partner sexually during lovemaking session and gives him the feeling of imperfection. cialis 5mg generika Honor our veterans. But put real substance behind the words by making life easier for the heroes who today stand as the only barrier between freedom and the growing forces that would destroy America.

 

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Smearing Critics of Global Warming

In a revealing study, researcher Russell Cook, writing for the Heartland Institute, has disclosed evidence that there has been a significant attempt to deliberately discredit scientists who provide credible, accurate data casting doubt on the theory that human activity has caused global warming.

According to Cook’s study, entitled “Merchants of Smear, ” “For about two decades we’ve been told the science behind human-caused global warming is settled, and to ignore skeptic scientists because they’ve been paid by industry to manufacture doubt about the issue…The truth, however, has every appearance of being exactly the opposite”

According to Cook’s research, acceptance of global warming “survives only in the absence of science-based criticism. Solid science-based skeptic criticism exists, but the public rarely hears about that; they are simply told to ignore allegedly industry-corrupted skeptic scientists.”
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The gist of what Cook has discovered is that a concerted effort was made, essentially orchestrated by Al Gore (who has financially profited significantly from global warming activities) to keep important and accurate data out of the public view. The key method employed to accomplish the cover-up was an attempt to discredit objective scientists by falsely claiming they were linked to energy industry corporations.

Cook believes that the end result of his investigation is that “We are overdue for the biggest ideology collapse in history, begging for an investigation into why the mainstream media and influential politicians apparently never checked the veracity of claims about “settled science” and “corrupt skeptics.”

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Boom in Energy Spurs Industry in the Rust Belt

This article was submitted by Ted Flint, a radio commentator with significant experience in state legislative affairs

“A Real Game Changer,” read the headlines in a recent edition of the New York Times. A dramatic surge in domestic oil production is transforming the economies of many states across the country. This seismic shift in the fortunes of these once decaying states is directly attributed to hydraulic fracturing: horizontally drilling thousands of feet below the earth’s surface to extract natural gas deposits trapped in shale.

35 states allow ‘fracking’ and the economic turnaround in many of these states has been significant. Pennsylvania, Ohio, the Virginias and more than 30 others are reaping the benefits of the boom.

Why do some states refrain from taking advantage of this bonanza?  Consider a prime example: New York.

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Opponents of ‘fracking’ have conveyed the demonstrably incorrect belief that the process contaminates ground water and exposes residents to air pollution. There is a growing body of evidence that debunks this assertion. According to a recent column by Chris Faulkner, CEO of Breitling Energy Corp., and author of “The Fracking Truth,” Pennsylvania’s Department of Environmental Protection monitored numerous fracking sites across the state and found that nearby levels of carbon monoxide, nitrogen dioxide, sulfur dioxide and other key pollutants did not exceed federal air quality standards. Similar studies were done in Texas and West Virginia and they reached the same conclusion: oil and gas operations do not endanger air quality.

The issue for the Left has never been about fear of groundwater contamination, because there has never been one incident when that has happened, it’s all about reducing consumption in order to “save the planet.” If gas prices were under two dollars a gallon (where they were when George W. Bush left office) Americans would have more disposable income and could spend their hard-earned dollars on things other than transportation.

The scientifically wrong position taken by environmental extremist’s is harming not only the American consumer, but Europeans as well.  Due to the limited supply from the U.S., Moscow, with its abundant resources, has been able to blackmail European nations who require Russian energy for their economic survival.

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Abandoning East Asia

The image is both iconic and reassuring—an American aircraft carrier on patrol in East Asia, protecting friends, deterring aggressors and criminals, insuring that vital trade routes remain open.

For a while, however, the scene will exist only in historic newsreels. After well over a half century in which U.S. carriers served as an omnipresent key guarantor of peace and stability, budget cuts will force their temporary absence. The unprecedented gap will occur when the U.S.S. George Washington returns to America for refitting.  No replacement will be provided for at least a third of a year, until the U.S.S. Ronald Reagan becomes available.

The news has been met with distress by American allies in the region. The Japanese news source Asia Nikkei  reports that “Security policymakers in Japan and the U.S. are privately voicing concern about the absence of U.S. aircraft carriers from East Asian waters for four months next year…officials fear having no carriers in the region could provide China and North Korea with an opportunity to take military action.”

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The radical alteration in the U.S. military posture has occurred without much public discussion or debate. In addition to starving the armed forces for funds, President Obama has unilaterally withdrawn all American tanks from Europe, allowed the further deterioration of the American nuclear deterrent, reneged on plans to protect the U.S. and allies with an anti-missile system, and agreed to allow Russia to maintain a ten to one advantage in tactical nuclear missiles. The White House has advocated unilateral cuts in American atomic weapons. It pursues a budget which will leave the U.S. army with fewer personnel than North Korea’s force. It has not responded in any substantive manner to China’s massive military buildup. It has failed to take even any significant diplomatic steps in response to armed attacks by Russia and China against their neighbors.

These are fundamental alterations in a defense posture that over the past seventy years has prevented another world war, and defeated the Soviet Union in the cold war. Mr. Obama’s inexplicable abandoning of this successful policy should been widely debated, but the major media has seen fit to ignore it.

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The Alienated Generation

College students throughout America have exhibited an inexplicable degree of tolerance towards overbearing university officials and professors who have all too frequently acted to suppress differences of opinion toward the prevailing campus orthodoxy.  These young scholars bear little resemblance to their parents’ or grandparents activist generation, who brought to life the “Free Speech” movement in the 1960s and were outspoken in their views. The American Council of Trustees and Alumni (ACTA)  notes that “Many schools stifle free speech on campus. ACTA partnered with the Foundation for Individual Rights in Education to assess the state of free speech on campus. Of the institutions that have ratings from FIRE, less than 4 percent receive a “green light” rating for not threatening free speech. Nearly two-thirds (64 percent) garner a “red light” rating, meaning the institution has at least one policy that “clearly and substantially” restricts freedom of speech.”

Why do college students tolerate this? It may have much to do with what they were—and were not—taught in high school, as well as the odd version of American history and civics that they are given in college.  Across the nation, parents, pupils, and others have become deeply concerned over a growing reliance on curricula that provides little reference to topics such as the ground-breaking rights provided in the U.S. Constitution, including free speech, and dwells on biased, highly critical views of the American experience.

The problem may be getting worse.  The College Board, a private organization which sets the tone for setting  course guidelines and administers the SAT exams and advanced placement courses, is exerting greater control of what high schoolers are being taught.  What they are prescribing has been described as unduly critical of America.

Recently, the scholarly publication The Federalist described the College Board’s latest guidelines:
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“The redesigned Framework usurps state curriculum standards by unilaterally decreeing what students should know with no public input or consent. State standards across America, while including the dark events in American history, also celebrate our nation’s founders, core values, and heroic servicemen and women. In contrast, the College Board’s “required knowledge” inculcates a consistently negative view of American history that focuses on identity group grievances, conflict, exploitation, and examples of oppression.”

ACTA has reported on the disappointing state of college education:  “Only 22 institutions (2 percent) receive an “A” grade for requiring at least six of seven subjects that are essential to a liberal arts education: literature, composition, economics, math, intermediate level foreign language, science, and American government/history. The average institution requires about three courses—meaning most students are graduating from college without exposure to such fundamental courses as American history, basic economics or literature. In too many places, graduates aren’t expected to have any more knowledge of these pivotal courses than a twelfth grader.”

America’s educational system is dangerously close to producing a generation that is unfamiliar with their Constitutional rights, and holding an incorrect and highly derogatory view of their own country.

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The Election is Over; Now its time to address America’s Crises

The 2014 elections are finally over, and the work of actually resolving America’s many crises must begin.

There is a temptation for the public, the pundits and the politicians alike to say that the nation’s enormous challenges can’t be resolved before the 2016 presidential election, and to accept only minor revisions to the strategies that have resulted in the country’ diminished fortunes over the past several years. But the dire impact of erroneous policies is so significant that delay is unacceptable. Congress must act rapidly, and the President must find the courage and honesty to change course.

The essential linchpin of the American economy is a healthy middle class. A combination of the expiration of the Bush tax cuts, the increased costs to businesses and consumers alike of Obamacare, heightened fuel prices, and the loss of steady jobs has wreaked havoc with this vital group.

Before the next federal budget is passed, action must be taken to lower taxes on middle income families.  Similarly, the various regulations, including Obamacare mandates that have discouraged businesses from growing and expanding their employment rolls must be repealed. This should also include reducing America’s absurdly high corporate tax rate, which encourages businesses to leave the U.S. and take jobs with them.

The U.S. balance of trade continues to see far too many dollars going overseas. It is time to keep those funds at home, where they can be used to spark the domestic economy.  The most rapid way of doing that is making the nation truly energy independent. Lands under federal control must finally be opened for energy exploitation. Also, attempts to limit other energy sources, including coal, must stop. This will also have two other beneficial effects: it will lower the cost of energy, reducing may other consumer and business expenses, and will also limit the enormous funds Russia and ISIS take in from energy sales that are funneled to their militaries.

It is also time to review American trade policies.  Unfair advantages have been given to foreign competitors, who, not subject to a variety of rigorous federal rules, can manufacture far more cheaply than U.S. companies. Goods imported from abroad for sale in the U.S. should be subjected to similar mandates,or be subjected to fees that level the playing field. Further, nations that restrict imports from America should have reciprocal limitations placed on their exports.
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The most imminent threat, one that has reached a level that constitutes a clear, present and immediate danger to the safety of all Americans, is the dramatic deterioration of America’s defense posture during the past several years. The U.S. military had already been slashed to the bone, best symbolized by the Navy’s reduction from 600 ships to 284. Under the severe cuts of the past several years, America has seen force drops reducing our services to levels not seen since before the First World War.  Under current plans, even North Korea will have a larger army than ours. These reductions have taken place at the same time that Russia, China, North Korea, and Iran have dramatically built up both the size and sophistication of their forces.

Further, in an era when nuclear proliferation is a disturbing reality, and when regimes such as Iran and North Korea are on the verge of having both nuclear weapons and the ICBMs with which to use them to attack America, it is irresponsible to not deploy a comprehensive anti-missile policy.

These threats must be addressed in the next federal budget.

The Legislative Branch must reassert its role as a check on the Executive Branch far more vigorously. During the era of the Obama Presidency, federal agencies such as the IRS, the Federal Communications Commission, the Environmental Protection Agency, the Department of Education, and most ominously the Department of Justice have all been used for partisan political gain.  This must cease, and it is within the authority and capability of the newly elected Congress to viably and rapidly address that threat to the American Constitution.

These are crises whose solutions cannot be postponed.

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Fundamental Changes on Trial in Today’s Election

Americans go to the polls today in the most consequential election since Abraham Lincoln first ran for president. Rarely has there been as stark a difference between two contending ideologies as those presented by the Democrat legislators currently on the ballot, who have been overwhelmingly supportive of President Obama’s agenda, and Republicans, who have been sharply critical of his policies at home and abroad but who have lacked the numbers in Congress to stop his tidal wave of changes.

Clearly, the approximately six years since the Democrats swept into near total power in the first Obama election have been tumultuous.  The President has delivered on his 2009 promise to fundamentally transform America, and this year voters will voice their opinion on whether the results have been beneficial or harmful. The United States is, indeed, a significantly different nation than it was before the current Administration and its staunch legislative supporters took power.

Middle class families have been the most deeply affected. A sharp reduction in jobs paying middle-income salaries accompanied by sharply rising tax, energy, food, and health costs, along with the necessity to continue supporting college graduate offspring who can’t find employment has dramatically diminished their financial stability.

The increased regulatory regime since 2009 has affected property owners and businesses alike. Its little wonder that the housing market remains weak and corporations refuse to expand or hire when there is the ever-present threat of even more onerous restrictions.

Opinions on the sweeping change in medical insurance will be a factor in voter’s decisions. Anger over misleading statements about the cost of the new plans, the ability to keep one’s own physicians, and ever-growing evidence that many procedures and prescriptions, particularly for seniors, are not covered will be a major factor.
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The most unexpected alteration in the American landscape since 2009 has been the sharp deterioration in race relations.  Mr. Obama’s election had led to widespread anticipation that an end to the few remnants of racial antipathy was at hand.  In sharp contrast, statements by both the President and Attorney General Eric Holder have reignited divisions which had been well on the way to being healed. Ironically, the financial standing of blacks has suffered under the Democrats’ economic programs. Looser immigration standards have affected both blacks and all other ethnic groups that seek to begin their path up the economic ladder through entry-level jobs that have now been taken, in many cases, by illegal aliens.

The U.S. stance in the world has changed dramatically.  Before 2009, terrorism was comparatively restrained, Russia was relatively quiet, and American military supremacy was unquestioned. By 2014, a combination of budget cuts to U.S. defenses, a reluctance to exercise power abroad, and the alienation of allies in Europe, the Middle East and the Pacific has led to a dangerous global environment in which terrorist forces control more territory than ever, attacks and threats on western soil have escalated, and Russia, China, and Iran openly seek to establish a new world order in which they, not the U.S., are the predominate influences.

The most essential question to be determined today, however, is more basic.  It concerns the nature of the relationship between Americans and their government. The current power structure in Washington, consisting of the White House, the Senate majority, and the federal bureaucracy has functioned in a more “top-down” fashion than any of its predecessors, with greater assumed authority given to government to intervene in the lives of the citizenry and do so in a manner that is frequently opaque and unrestrained. That is the essence of the fundamental transformation of America since 2009, and support or opposition to that concept will be the most important question facing voters today.

 

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Will American voters act to reject foreign policy failures?

Americans go to the polls tomorrow in the midst of a more urgent period of crisis than any since the start of the Second World War, and perhaps surpassing even that momentous epoch.

Extraordinary challenges facing our national security will be decided.

The evidence of both the depth of the threats facing the nation is abundant, as is the reality that the dogmas of the past several years have failed to provide any remedies. An objective, clear-eyed view reveals a devastating picture of an America that has seen its fortunes decline precipitously, in large part due to tragically faulty strategies.

At no time since the attack on Pearl Harbor has the United States been in such a weakened position militarily. This time, however, our vulnerability is not due to a sneak attack; it is the result of policies that were never based on any realistic assessments. The Obama-Clinton “reset” with Russia, highlighted by an extraordinary reduction in American arms at the same time that Moscow dramatically upgraded its conventional and nuclear forces, was clearly doomed to fail. But the White House and its supporters were so eager to redistribute military funding to social welfare programs, including an unprecedented leap in food stamps, that they ignored—and continue to ignore– this imminent threat. The same willful blindness applies to our stance towards China’s massive armed forces buildup and to the increasing threat of Islamic terrorism, a threat Mr. Obama and his allies seem reluctant to even call by its proper name.

Since 2009, the United States has endangered staunch friends such as the United Kingdom, Poland, the Philippines, and especially Israel through an inexplicable attitude from the White House that sought to please our opponents more than America’s own interests and that of its allies. Today, a powerful and increasingly dangerous axis with a vast and contiguous portion of the Earth’s geography and population, including Russia, China, Iran and North Korea threatens planetary peace to an unacceptable degree.
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The American electorate tomorrow must make a decision similar to that of the United Kingdom’s in 1940, when Neville Chamberlain, who sought to appease Nazi Germany, was replaced by the clear-eyed Winston Churchill.

But foreign-born threats are not all from enemy weapons. The aimlessness and secretiveness with which the looming threat of Ebola has been met by the White House matches its disarray in other national security concerns.

Similarly, the refusal to not only appropriately secure America’s southern border, but to engage in statements which actually encourage illegal entry provides an effective vector for the introduction of contagious diseases and Islamic terrorists, masquerading as economic immigrants, to the U.S.

Tomorrow, Americans have a choice.  Their decision may determine whether they also have a secure future.