Chad Groening - OneNewsNow - 5/1/2009 6:00:00 AM

A pro-family activist says it is "ridiculous" that California Senator Dianne Feinstein has introduced legislation designed to help an illegal alien who is a lesbian remain in the U.S.

The case involves 43-year-old Philippines national Shirley Tan, who came to the United States on a visitor’s visa in 1989. She overstayed that visa and has been living in a lesbian relationship with a naturalized citizen in Pacifica, California.

Immigration authorities have ordered her to leave the country, but at the urging of homosexual rights groups Senator Diane Feinstein (D-California) intervened, arguing that if Tan’s homosexual partner was a man, they could marry, and she could be eligible for residency.

Feinstein has now introduced an emergency immigration bill on behalf of Tan. That means Tan cannot be deported unless Congress votes down the legislation or it is allowed to expire without being reintroduced.

Peter LaBarbera, founder and president of Americans for Truth about Homosexuality, sees this as another attempt at gaining special rights for homosexuals.

"We don’t need to start providing government benefits and special treatment to relationships based on homosexuality, which many people regard as a sin," says LaBarbera. "I think this is an egregious example of special rights for homosexuals."

The pro-family activist contends that homosexuals and their supporters are using this case to push for the passage of the Uniting American Families Act (H.R. 1024), which would give homosexual Americans the right to sponsor foreign-born partners for residency.

"This is a ridiculous piece of legislation," exclaims LaBarbera. "Americans are already concerned over illegal immigration. I don’t think most Americans want to give incentives to bring more homosexual activists into the country, which is what this case embodies."

In the meantime, if Congress approves Feinstein’s bill Tan would have two years to apply for a new visa or permanent residency.

A lawsuit filed on behalf of Ambassador Alan Keyes, a candidate for president on California’s general election ballot last year, challenging President Obama’s eligibility to hold office under the requirements of the U.S. Constitution will be appealed, according to a lawyer working on the case.

WND reported earlier on the case being filed and then again when a judge dismissed it after concluding anyone can run for president on the California ballot – whether or not they are eligible under the Constitution of the United States.

Judge Michael P. Kenny said the secretary of state, who is responsible for election laws in the state, has no "duty" to demand proof of eligibility from candidates.

But now Gary Kreep of the United States Justice Foundation has confirmed to WND the case will be appealed.

"The judge’s ruling in the case that only Congress and only on Jan. 6 of each year following a presidential election can object as to whether the nominee is eligible to serve as president of the United States is, in our opinion, completely wrong and eviscerates the [Constitutional] requirements for serving as president in the United States Constitution," Kreep said.

Where’s the proof Barack Obama was born in the U.S. or that he fulfills the "natural-born American" clause in the Constitution? If you still want to see it, join some 350,000 others and sign up now!

"It has been publicly reported that Mr. Obama as far back as 2006 had a relationship to a law firm that was coincidentally researching ways to get around the Article 2 requirements of the U.S. Constitution for service as president," he said.

"This appears to be an ongoing attempt by Mr. Obama to obtain the presidency while avoiding and evading all questions on his eligibility," he said.

Kreep said the judge’s ruling leaves open the option for any candidate, resident or not, alive or not, to run for the office of president.

"California has a history of removing people from the ballot who are not qualified to run for president," Kreep said. "The most famous case being Eldridge Cleaver."

"It is incumbent upon us here at the USJF to continue this fight to learn the truth," he said.

In the court’s decision to dismiss the case, the judge rejected concerns over the problems that could result if a president was found to be ineligible.

"If Mr. Obama is not constitutionally eligible to serve as president of the United States, then no act that he takes is, arguably, valid, the laws that he signs would not be valid, the protective orders that he signs would be null and void, and every act that he takes would be subject to legal challenge, both in courts of the United States of America, and in international courts, and that, therefore, it is important for the voters to know whether he, or any candidate for president in the future, is eligible to serve in that office," the case explained.

The case documents previously explained that in 1968 the Peace and Freedom Party submitted the name of Eldridge Cleaver as a qualified candidate for president. But then-Secretary of State Frank Jordan "found that, according to Mr. Cleaver’s birth certificate, he was only 34 years old, one year shy of the 35 years of age needed to be on the ballot as a candidate for president."

USJF explained that "using his administrative powers, Mr. Jordan removed Mr. Cleaver from the ballot. Mr. Cleaver unsuccessfully challenged this decision to the Supreme Court of the State of California, and, later, to the Supreme Court of the United States."

The USJF said similarly, in 1984, Peace and Freedom Party candidate Larry Holmes was removed from the ballot.

WND has reported on dozens of legal challenges to Obama’s status as a "natural born citizen." The Constitution, Article 2, Section 1, states, "No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President."

Some of the lawsuits question whether he was actually born in Hawaii, as he insists. If he was born out of the country, Obama’s American mother, the suits contend, was too young at the time of his birth to confer American citizenship to her son under the law at the time.

Other challenges have focused on Obama’s citizenship through his father, a Kenyan subject to the jurisdiction of the United Kingdom at the time of his birth, thus making him a dual citizen. The cases contend the framers of the Constitution excluded dual citizens from qualifying as natural born.

Further, others question his citizenship by virtue of his attendance in Indonesian schools during his childhood and question on what passport did he travel to Pakistan three decades ago.

Adding fuel to the fire is Obama’s persistent refusal to release documents that could provide answers. While his supporters cite an online version of a "Certification of Live Birth" from Hawaii, critics point out such documents actually were issued for children not born in the state.

Keyes has been critical of judges’ refusal to listen to evidence in the disputes and suggestions that those who bring such allegations for review should be penalized..

"In the final analysis if the courts refuse to respect the Constitution, they are not the judges of their own action. The people must ultimately decide. Which is why I and others will use every outlet to inform them of the injustice being done not just to individuals but to the sovereign people as a whole," Keyes said.

In a commentary on the dispute, Keyes wrote that the suggestion of sanctions against those who bring up the questions, already raised as an issue by Obama’s lawyers in his case, "confirms Obama’s ruthless determination to destroy anyone who continues to seek the information the Constitution requires.

"Why should they demand penalties against citizens who are simply seeking the enforcement of the Supreme Law of the Land? It is simply because their persistence runs contrary to the will of a supposedly popular demagogue? This smacks of tyrannical arrogance. That Obama thus signals his intent to bring financial ruin on those who won’t accept his cover-up of the circumstances of his birth is a tactical escalation," Keyes said.

"As one of the targets of this escalation, I need no more convincing proof of the ruthless disposition so far successfully masked by his empty rhetoric of hope and change. Obviously he means to offer hope only to those willing to surrender their most basic rights. To any who insist on questioning his actions, he offers the drastic change of ruin and destruction. So be it. We shall be among those who learn firsthand the meaning of the sacrifices made by the Founders of our free republic, as they pledged and gave up their lives, their fortunes and the world’s esteem," Keyes said.

Here is a partial listing and status update for some of the cases over Obama’s eligibility:

* New Jersey attorney Mario Apuzzo has filed a case on behalf of Charles Kerchner and others alleging Congress didn’t properly ascertain that Obama is qualified to hold the office of president.

* Philip J. Berg, a Pennsylvania Democrat, demanded that the courts verify Obama’s original birth certificate and other documents proving his American citizenship. Berg’s latest appeal, requesting an injunction to stop the Electoral College from selecting the 44th president, was denied.

* Leo Donofrio of New Jersey filed a lawsuit claiming Obama’s dual citizenship disqualified him from serving as president. His case was considered in conference by the U.S. Supreme Court but denied a full hearing.

* Cort Wrotnowski filed suit against Connecticut’s secretary of state, making a similar argument to Donofrio. His case was considered in conference by the U.S. Supreme Court, but was denied a full hearing.

* Former presidential candidate Alan Keyes headlines a list of people filing a suit in California, in a case handled by the United States Justice Foundation, that asks the secretary of state to refuse to allow the state’s 55 Electoral College votes to be cast in the 2008 presidential election until Obama verifies his eligibility to hold the office. The case is pending, and lawyers are seeking the public’s support.

* Chicago attorney Andy Martin sought legal action requiring Hawaii Gov. Linda Lingle to release Obama’s vital statistics record. The case was dismissed by Hawaii Circuit Court Judge Bert Ayabe.

* Lt. Col. Donald Sullivan sought a temporary restraining order to stop the Electoral College vote in North Carolina until Barack Obama’s eligibility could be confirmed, alleging doubt about Obama’s citizenship. His case was denied.

* In Ohio, David M. Neal sued to force the secretary of state to request documents from the Federal Elections Commission, the Democratic National Committee, the Ohio Democratic Party and Obama to show the presidential candidate was born in Hawaii. The case was denied.

* In Washington state, Steven Marquis sued the secretary of state seeking a determination on Obama’s citizenship. The case was denied.

* In Georgia, Rev. Tom Terry asked the state Supreme Court to authenticate Obama’s birth certificate. His request for an injunction against Georgia’s secretary of state was denied by Georgia Superior Court Judge Jerry W. Baxter.

* California attorney Orly Taitz has brought a case, Lightfoot vs. Bowen, on behalf of Gail Lightfoot, the vice presidential candidate on the ballot with Ron Paul, four electors and two registered voters. She also has been working on several other cases.

In addition, other cases cited on the RightSideofLife blog as raising questions about Obama’s eligibility include:

* In Texas, Darrel Hunter vs. Obama later was dismissed.

* In Ohio, Gordon Stamper vs. U.S. later was dismissed.

* In Texas, Brockhausen vs. Andrade.

* In Washington, L. Charles vs. Obama.

* In Hawaii, Keyes vs. Lingle, dismissed.

WND senior reporter Jerome Corsi had gone to both Kenya and Hawaii prior to the election to investigate issues surrounding Obama’s birth. But his research and discoveries only raised more questions.

The governor’s office in Hawaii said there is a valid certificate but rejected requests for access and left ambiguous its origin: Does the certificate on file with the Department of Health indicate a Hawaii birth or was it generated after the Obama family registered a Kenyan birth in Hawaii, which the state’s procedures allowed at the time?

A lawyer who is playing a key role in a California lawsuit urging officials to prevent the state’s 55 Electoral College votes from being recorded for Barack Obama until questions about his citizenship are resolved says he’s organizing plans to challenge, even after the inauguration, every order, every proposal, every piece of paperwork generated by Obama.

Barack Obama

"We will file lawsuits on his actions, every time. As long as we have money , we will keep filing lawsuits until we get a decision as to his citizenship status," Gary Kreep, chief of the United States Justice Foundation, told WND today.

"We’re already talking to groups who are willing to be plaintiffs," he said.

As WND reported, Kreep filed the California challenge with presidential candidate Alan Keyes as a plaintiff.

The complaint urges the California secretary of state to refuse to allow the state’s 55 Electoral College votes to be cast until Obama’s citizenship and related eligibility to hold office is resolved.

It is just one of more than a dozen legal challenges brought forward so far over Obama’s citizenship. The cases all cite Obama’s clouded history and the U.S. Constitution’s requirement that a president be a "natural-born" citizen.

Sign the petition to insist on release of birth certificate.

There have been allegations he was born in Kenya, not Hawaii as his campaign has reported, that he could be considered a British subject because of his father’s residency in what then was a British protectorate that later became Kenya, and that the "Certificate of Live Birth" posted on his website simply shows his mother registered his birth in Hawaii after he was born but does not document a location.

There also have been questions raised about his travels as a youth, including the years he spent registered as a Muslim in an Indonesian school, and his later travels to Pakistan at a time when U.S. passports weren’t welcome in that nation.

WND senior reporter Jerome Corsi traveled to Kenya and Hawaii prior to the election to investigate issues surrounding Obama’s birth. But his research and discoveries only raised more questions.

The biggest question is why Obama, if a Hawaii birth certificate exists, simply hasn’t ordered it made available to settle the rumors.

The governor’s office in Hawaii said there is a valid certificate but rejected requests for access and left ambiguous its origin: Does the certificate on file with the Department of Health indicate a Hawaii birth or was it generated after the Obama family registered a Kenyan birth in Hawaii?

Obama’s half-sister, Maya Soetoro, has named two different Hawaii hospitals where Obama could have been born, while a video posted on YouTube features Obama’s Kenyan grandmother Sarah claiming to have witnessed Obama’s birth in Kenya.

The California action was filed on behalf of Keyes, as well as Wiley S. Drake and Markham Robinson, both California electors.

"Should Senator Obama be discovered, after he takes office, to be ineligible for the Office of President of the United States of America and, thereby, his election declared void, Petitioners, as well as other Americans, will suffer irreparable harm in that (a) usurper will be sitting as the President of the United States, and none of the treaties, laws, or executive orders signed by him will be valid or legal," the action challenges.

Kreep told WND today he’s now working with several groups that could serve as plaintiffs to challenge Obama’s actions, even from the Oval Office, should the issue remain in dispute.

"There is a reasonable and common expectation by the voters that to qualify for the ballot, the individuals running for office must meet minimum qualifications as outlined in the federal and state Constitutions and statutes, and that compliance with those minimum qualifications has been confirmed by the officials overseeing the election process," the complaint said, when in fact the only documentation currently required is a signed statement from the candidate attesting to those qualifications.

The issue is much more important than a single candidate, said Judge Roy Moore, the former chief justice of the Alabama Supreme Court and a WND columnist. He now runs the Foundation for Moral Law.

Moore had his own constitutional confrontation when he was removed from his position Alabama Supreme Court chief justice after he refused to remove from state grounds a monument recognizing the Ten Commandments as the foundation for U.S. law.

"We can survive four years of any president; we cannot survive without a Constitution," he told WND. "This calls for a major investigation. Our Constitution is at stake."

Moore said the requirement for a president to be a natural-born citizen is clear in the Constitution. The document, he added, provides procedures to amend the requirement, but that hasn’t been done.

"We live under the rule of law," he warned, "If we start ignoring that. …"

A WND reader agreed in a letter to the editor.

"If Obama is allowed to take office without proving his citizenship, then we have no Constitution. America as it’s been will be dead. If an easy to understand rule is ignored, then the others harder to understand will be easy to ignore," wrote Tony Costello.

Moore said, "If a person is not qualified, he’s not qualified. It doesn’t matter who it is, Republican, Democrat, black or white, rich or poor."

He added the members of the Electoral College have an obligation to verify Obama’s qualifications before voting for him.

But he said the dispute may end up with court action, too.

"The courts are there to uphold the law. People have a right to change the Constitution. But until then it’s the rule of law," he said.

"I don’t see any reason a candidate who has such a serious question would not come forward with the truth about where he was born," Moore said.

"The Supreme Court has to answer this. They have to do it by law and not by the popularity of a person. If we do that, we might as well throw the Constitution out the window," Moore said.

"[Obama] has the answer. He knows where he was born. If he tells something that’s untrue that’s another matter. It’s not an Obama issue, it’s an American issue. It’s about the Constitution of the United States."

U.S. State Department officials declined to respond to WND inquiries about the process for keeping a U.S. citizenship while attending schools in Indonesia, or the possibility of a U.S. citizen keeping that status while traveling on another nation’s passport.

But several online "fact" sites have reported that the concerns over Obama’s citizenship are much ado about nothing.

Factcheck.org, for example, has posted an image described as Obama’s "birth certificate." But within the image can be seen the words "Certificate of Live Birth," which is not the same document. In Hawaii at the time Obama was born the state would issue a "Certificate of Live Birth" to a parent registering a birth, but it does not indicate the location of the birth.

"FactCheck.org staffers have now seen, touched, examined and photographed the original birth certificate," the group said in a statement accompanying the image of the "Certificate of Live Birth."

Snopes, also, attested to Obama’s U.S. citizenship, citing information from the campaign itself.

However, WND columnist Janet Porter, who has investigated the dispute, wrote in her column today that there are too many questions to ignore.

"In Hawaii, a Certification of Live Birth is issued within a year of a child’s birth to those who register a birth abroad or one that takes place outside a hospital," she said.

She cited the work of Ron Polarik, who holds a Ph.D. in instructional media and specializes in computer graphics with over 20 years experience with computers, printers and typewriters.

"Polarik has submitted a signed affidavit and has now released his findings on video at www.ObamaForgery.com with his identity masked and voice altered to guard against the carrying out of threats, which he has already received," Porter wrote.

"The Summary: The Certificate of Live Birth documents posted on Mr. Obama’s website www.fightthesmears.com , Daily Kos (a pro-Obama blog) and factcheck.org, (a pro-Obama political research group), were found to be altered and forged," she said.

The researcher cited problems with pixels in the image and a fold line and a blurry border. He asserts the border is a 2007 version while the seal and signature are from 2008.

She also cited issues beyond the birth certificate.

"There’s the matter that Obama traveled to Indonesia, Pakistan, Southern India and Kenya in 1981. He said he went to Indonesia to see his mother. This seemed plausible, except for the fact that his mother returned to Hawaii in August of 1980 to file for a divorce from her second husband, Lolo Soetoro. Unless she went back to pal around with the man she divorced, she wasn’t there at the time of Obama’s visit," Porter wrote.

"There’s another problem. No record of Obama holding an American passport prior to the one he received once becoming a U.S. senator has been found. If he traveled to Pakistan with an American passport, he wouldn’t have been allowed in – since Pakistan was in turmoil in 1981 and under martial law. It was also on the State Department’s travel ban list for U.S. citizens," she wrote.

"If he couldn’t get into Pakistan with a U.S. passport, perhaps he went there with an Indonesian passport. But the only way you can get one of those is if you are an Indonesian citizen ," she wrote.

Porter encouraged residents to contact the members of the House Judiciary Committee with a request to hold congressional hearings and write to the U.S. Supreme Court to request a ruling.

On the FederalistBlog the writers concluded:

"A child born to an American mother and alien father could be said to be a citizen of the United States by some affirmative act of law but never entitled to be a natural-born citizen because through laws of nature the child inherits the condition of their father."

Obama’s mother held U.S. citizenship, but his father never did.

WND also reported that Herb Titus, the Constitution Party’s running mate to Howard Phillips in 1996 and recognized authority on the U.S. Constitution, said it is up the electors from the 50 states to make certain Obama is a natural-born U.S. citizen before they cast votes for him in the Electoral College Dec. 15.

"If they do their duty, they would make sure that if they cast a vote for Mr. Obama, that Mr. Obama is a natural-born citizen," he told WND.

"I think it should be resolved. The duty is in the Electoral College. Every Obama elector that is committed to casting a vote on the 15th of December, they have a constitutional duty to make certain whether Mr. Obama is a natural-born citizen," he said.

If the electors fail their duty and Obama proves ultimately to fail the eligibility requirement of the U.S. Constitution, there would be only the laborious, contentious and cumbersome process of impeachment available to those who would wish to follow the Constitution, he suggested.

On WND’s new forum page, the level of frustration was rising. Dozens contributed their thoughts immediately after the forum was posted:

"What makes Obama non-respon[sive] to the simplest of requests?" asked one reader. "Does he think that it is politically incorrect to ask for authentication of the myriad of facts about himself … Is he testing the grounds to see how far he can play with this charade?"

Other comments included:

* "Obama won his first election ever by getting three Democratic opponents thrown off the ballot? He’s all for using the law to help himself win. Wouldn’t it be ironic if he is not allowed to serve as president due to the law? … Turn around is fair play!
* "Even the left-wing liberal news media is beginning to ask the question: ‘Who is this man we have elected? We really do not know much about him.’"
* "Obama’s refusal to produce the ORIGINAL given birth certificate gives us all pause. His silence on these allegations is deafening. The anointed one believes that if he can hold us all back until he’s in the Oval Office he’s hit a home run and he’s ’safe.’ Ah, not so! Check your law, Obama, and you will see that even if were to make it to the White House you will no longer be able to hide behind those red velvet ropes."
* "There must be something that would have caused him great harm prior to the election, and would have stopped him from becoming elected. What could that little piece of information be?"

Original story here …