Skip to content
Catholic Online Logo

By Deacon Keith Fournier

3/28/2013 (2 years ago)

Catholic Online (www.catholic.org)

When sexual behavior between two men or two women is viewed as providing a foundation for a new civil right to marry, the real common good is placed at risk. When those who oppose this mistake are routinely characterized as bigots, overt persecution of the Church is close at hand

Marriage has been reduced to another commodity. In an age when children can be manufactured and grown in a surrogate when wanted - while millions are being aborted at will because they are not wanted - "Civil Rights" are being manufactured by the agencies of the civil government. They are multiplying while the real rights, the fundamental human rights, endowed upon us by God, are being taken away, one after another.

Highlights

By Deacon Keith Fournier

Catholic Online (www.catholic.org)

3/28/2013 (2 years ago)

Published in U.S.

Keywords: Defense of Marriage, DOMA, marriage equality, Human Rights Campaign, homosexual marriage, traditional marriage, US v Windsor, Justice Ginsburg, anti-Catholic, anti-Christian, Deacon Keith Fournier


WASHINGTON,DC (Catholic Online) - On Wednesday, March 27, 2013, US v Windsor, the second Marriage case in two days, was heard by the Justices of the US Supreme Court. When the Court granted review of this case last year on December 7, 2012, it agreed to hear its primary question,

"Whether Section 3 of the Defense of Marriage Act (DOMA) violates the Fifth Amendment's guarantee of equal protection of the laws as applied to persons of the same sex who are legally married under the laws of their State"

The Supreme Court, on its own, then directed the parties to "brief and argue the following questions: Whether the Executive Branch's agreement with the court below that DOMA is unconstitutional deprives this Court of jurisdiction to decide this case; and whether the Bipartisan Legal Advisory Group of the United States House of Representatives has Article III standing in this case." The Supreme Court appointed Harvard law Professor Vicki Jackson to argue the standing issue.

So, like the case  heard the day before, Hollingsworth v Perry. the legal doctrine of "standing" loomed large in prehearing speculation. The Obama administration refuses to enforce DOMA. So, a group called the Bipartisan Legal Advisory Group was formed to defend DOMA. They hired legal counsel to do so. 

The facts. The Windsor case involves two women who lived together in a lesbian partnership for forty four years. They were civilly married in 2007 after Canada granted legal equivalency between homosexual or lesbian partnerships and authentic marriage between one man and one woman. Canada redefined marriage by legislative Fiat in the Civil Marriage Act. This legislation followed years of judicial activism by the homosexual equivalency movement, province by province, changing the definition of marriage.   

One of the women, Thea Spyer, died when the couple lived in New York State which recognized their lesbian partnership as a marriage. The Federal Government of the United States did not recognize Edith Windsor as a spouse for purposes of calculating federal estate taxes. That is because the Defense of Marriage Act (DOMA), which is Federal law, recognizes marriage by definition  as solely between one man and one woman.

Thea Spyer left her estate to Edith Windsor. The size of the Estate triggered a Federal Estate tax of $363,000.00. Edith Windsor filed a lawsuit asserting that she would not owe the money if she had married a man. So, one of the interesting twists in this case is that the Federal Estate tax is now being used as a tool in the overall effort to redefine marriage in the United States.  

The Defense of Marriage Act (DOMA) was passed in 1996 by large majorities in both the House and the Senate. It was signed into law by President Bill Clinton. For purposes of federal law, which includes Federal Estate Taxes, DOMA defines marriage as a union between one man and one woman. Up until February of 2011, DOMA was defended, whenever it was challenged, by the Federal Government. That included the Clinton and Bush administrations.

Attorney General Holder announced that President Obama had decided it was unconstitutional and directed the Justice Department to no longer defend it. That is what led to the formation of the "Bipartisan legal Advisory Group" which stepped in to defend it as this case wound its way through the various Court cases filed against it.  This case became the one the Court chose to determine whether this Supreme Court will decide that DOMA violates the Constitution.

Most observers of the argument on Wednesday, unlike Tuesday's argument, do not expect that the Court will use the standing issue to keep this case from being used to change the legal status quo concerning DOMA. The questions from the Justices indicate they may be ready to strike DOMA, even if for differing reasons. Some seemed to indicate that marriage is properly a State issue and may strike down DOMA based upon that premise. Others seem ready to redefine marriage - and to use this case to do so.

Ruth Bader Ginsburg seemed willing to use the Federal Estate tax as a reason to redefine the institution of Marriage. Among her several comments, and the one which caught the imagination of the main stream media, was her sarcastic analogy between marriage and milk. She opined concerning the emergence of "two kinds of marriage; the full marriage, and then this sort of skim milk marriage." Justice Ginsberg, marriage is very different than milk.

Sadly, marriage has been reduced to another commodity in our culture. In an age when children can be manufactured and grown in the body of a surrogate when wanted - while millions are being aborted at will because they are not wanted - "Civil Rights" are being manufactured by the agencies of the the civil government. They are multiplying - while real rights, fundamental human rights, which have been endowed upon us by God, are being taken away, one after another.
 
When sexual behavior between two men or two women is viewed as providing a foundation for the civil government to manufacture a new civil right to marry, the real common good of society is placed at risk. When those who oppose this mistake are now routinely characterized as bigots, overt persecution of the Church is close at hand. 

True marriage is the preeminent and the most fundamental of all human social institutions. It is a relationship defined by nature and protected by the natural law that binds all men and women. It finds its foundation in the order of creation. Civil institutions do not create marriage nor can they create a right to marry for those who are incapable of marriage.

The institutions of government should defend marriage. Government has long regulated marriage for the true common good. For example, the ban on polygamy and age requirements were enforced in order to ensure that there was a mature decision at the basis of the Marriage contract.

If the Supreme Court becomes the tool by which marriage is redefined the precedent established will leave no room for any limitation on what can constitute a marriage. To limit marriage to heterosexual couples is not discriminatory. Homosexual couples cannot bring into existence what marriage intends by its very definition. To confer the benefits that have been conferred in the past only to stable married couples and families to homosexual paramours is bad public policy.

Theologians and Philosophers speak of ontology as the science or philosophy of being. For example, a rock is a rock and not a cabbage; a man is a man and a woman is a woman. Marriage is ontologically between a man and a woman, ordered toward the union of the spouses, open to children and formative of family.

Those who claim that this is all a matter of tolerance are the most intolerant. Notice how intolerant they are of people who, though respecting the dignity of every person including homosexuals, also insist that marriage is what it is. This will only worsen in the days ahead. The "Equal protection" argument will be used as a weapon against the Catholic Church, indeed any Church or religious body which will not comply with the States new civil order.

Christians must not participate in the destruction of the institution of marriage. The Sacred Scriptures and unbroken teaching of the Church confirm that marriage is between one man and one woman. Of that there is no doubt. Those who attempt to argue otherwise within the various Christian communities are being disingenuous. They are also false teachers.  

Catholic Christians must lead the defense of Marriage at every level. Our Church is the most vocal and offers the clearest defense of marriage - and the family and society founded upon it. That means we will face the brunt of the persecution which will come.

In his apostolic exhortation on the Eucharist, the Sacrament of Charity, then Pope Benedict summarized the duty of the Catholic faithful when confronted with an assault on authentic marriage:  "Marriage and the family are institutions that must be promoted and defended from every possible misrepresentation of their true nature, since whatever is injurious to them is injurious to society itself."

The Congregation for the Doctrine of the Faith of the Catholic Church wrote these words in 2003, "The Church's teaching on marriage and on the complementarity of the sexes reiterates a truth that is evident to right reason and recognized as such by all the major cultures of the world. Marriage is not just any relationship between human beings. It was established by the Creator with its own nature, essential properties and purpose."

"No ideology can erase from the human spirit the certainty that marriage exists solely between a man and a woman, who by mutual personal gift, proper and exclusive to themselves, tend toward the communion of their persons. In this way, they mutually perfect each other, in order to cooperate with God in the procreation and upbringing of new human lives."

These words are the truth. Pray for the Justices of the US Supreme Court. Pray for Marriage. Pray for the United States of America. Get ready.

---


Pope Francis: end world hunger through 'Prayer and Action'


Copyright 2015 - Distributed by THE CALIFORNIA NETWORK

Pope Francis Prayer Intentions for February 2016
Universal:
That prisoners, especially the young, may be able to rebuild lives of dignity.
Evangelization: That married people who are separated may find welcome and support in the Christian community.



Comments


More U.S.

Ash Wednesday and Lent. It Works if you Work It Watch

Image of After receiving the ashes, we are exhorted to leave the Church as penitents and pilgrims and continue in a Christian way of life every day

By Deacon Keith Fournier

If we enter into the observance of Lent with our entire person, it can draw us, at its' closure, into a deeper embrace and experience of the power of the Resurrection, beginning right now and stretching into eternity. Our frequent liturgical celebrations present ... continue reading


No Catholic or other Christian Should Support the Candidacy of Bernie Sanders Watch

Image of Senator Bernie Sanders, a candidate for the Presidency of the United States of America, denies the fundamental Human Right to Life of children in the womb.

By Deacon Keith Fournier

Legalized abortion on demand is an open rejection of the entire ethic of being our brothers (and sisters) keeper. There can be no enduring lasting solidarity upon which to build a secure future in a culture that kills its own children and calls it a right. No ... continue reading


Mardi Gras' several names and traditions: How is it celebrated around the world? Watch

Image of Mardi Gras is famous for its colors, masks, beads, food, floats and more (Pixabay)!

By Kenya Sinclair (CALIFORNIA NETWORK)

People around the world celebrate Fat Tuesday each year with regional traditions - but did you know it is a celebration with roots in Christianity?  LOS ANGELES, CA (Catholic Online) - "Fat Tuesday" is English for the French "Mardi Gras," and is traditionally ... continue reading


7 Fun facts about Fat Tuesday and Mardi Gras celebrations Watch

Image of Mardi Gras first became a holiday in 1582.

By Abigail James (CALIFORNIA NETWORK)

Mardi Gras is French for Fat Tuesday; it comes directly before Ash Wednesday. "Mardi Gras is a raucous celebratory affair that serves as a final shebang before the 40-day abstinence of Lent," explains The Huffington Post. LOS ANGELES, CA (Catholic Online) - Amidst all ... continue reading


605,000 undocumented immigrants to receive driver's licenses in California Watch

Image of California driver's licenses do not bestow any federal benefits to the recipient. State sources say the law is intended to make California roadways safer.

By Catholic Online (CALIFORNIA NETWORK)

Thanks to a new California law known as AB60, which took effect on January 2, 2015, the Department of Motor Vehicles, or DMV has handed out 605,000 driver's licenses to undocumented workers. It is estimated that 1.4 million migrants will receive licenses under ... continue reading


Center for Medical Progress releases another Planned Parenthood video despite injunction Watch

Image of Pro-life CMP stands against abortionists NAF (imgsuccess).

By Kenya Sinclair (CALIFORNIA NETWORK)

After ousting illegal actions performed by Planned Parenthood clinics, the Center for Medical Progress (CMP), and its founder Daniel Daleiden, have been ordered to cease further distribution of illegally-obtained Planned Parenthood footage. Unfortunately for the ... continue reading


Huff Po Gestapo, beats down Trump, First Amendment with editorial billy club Watch

Image of Huffington Post has found a way to turn the First Amendment into a billy club for their PC police duties.

By David Drudge (CALIFORNIA NETWORK)

Liberal mouthpiece, The Huffington Post (not to be confused with an actual news organization) is pandering to liberal readers by posting an addendum at the end of every story about Donald Trump. The addendum labels Trump a "racist" and a "serial liar." LOS ANGELES, CA ... continue reading


Lower Your Nets For a Catch! We Are All Called to Evangelize Watch

Image of Lower your nets for a catch

By Deacon Keith Fournier

The New Evangelization is meant to bring about an authentic renewal of the Church so that she can then undertake a new missionary outreach to the whole world. Only a Church fully alive in the Lord and filled with His Spirit can carry out such an evangelical ... continue reading


'Church ladies' finally force phony priest in Los Angeles to authorities Watch

Image of Erwin Mena  was arrested by Los Angeles police for allegedly impersonating a Roman Catholic priest and on suspicion of grand theft (Los Angeles Times).

By Mary Rezac, CNA/EWTN News

For months, Erwin Mena donned vestments, called himself "Padre," and convinced Southern California Catholics that he was a priest, police say. Los Angeles, Calif. (CNA/EWTN News) - He was good at it, too, reportedly. He attended seminary in El Salvador for a time ... continue reading


Patriarch Kirill and Pope Francis to Meet in Cuba in Historic Move of the Holy Spirit Watch

Image of Orthodox Christian Patriarch Kirill and Catholic Christian Pope Francis

By Deacon Keith Fournier

This meeting of the Primates of the Catholic Church and the Russian Orthodox Church, after a long preparation, will be the first in history and will mark an important stage in relations between the two Churches. The Holy See and the Moscow Patriarchate hope that ... continue reading


All U.S. News

Newsletters

Newsletter Sign Up icon

Stay up to date with the latest news, information, and special offers

Subscribe to Catholic OnlineYouTube Channel

the FEED
by Catholic Online

  • St. Scholastica: Saint of the Day for Wednesday, February 10, 2016
  • Stations of the Cross - Fourth Station: Jesus meets his mother HD Video
  • Daily Readings for Wednesday, February 10, 2016
  • Is Valentines Day...? (Take the quick survey!)
  • Palm Sunday HD Video
  • Take this thought provoking Stations of the Cross survey
  • Can you answer these four challenging questions about Lent?

Daily Readings

Reading 1, Joel 2:12-18
12 'But now -- declares Yahweh- come back to me with all your heart, ... Read More

Psalm, Psalms 51:3-4, 5-6, 12-13, 14, 17
3 For I am well aware of my offences, my sin is constantly in ... Read More

Gospel, Matthew 6:1-6, 16-18
1 'Be careful not to parade your uprightness in public to attract ... Read More

Reading 2, Second Corinthians 5:20--6:2
20 So we are ambassadors for Christ; it is as though God were urging you ... Read More

Saint of the Day

Saint of the Day for February 10th, 2016 Image

St. Scholastica
February 10: St. Scholastica, sister of St. Benedict, ... Read More