Skip to content
Catholic Online Logo

By Deacon Keith Fournier

3/28/2013 (2 years ago)

Catholic Online (

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.


By Deacon Keith Fournier

Catholic Online (

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'

Copywriter 2015 - Distributed by THE NEWS CONSORTIUM

Pope Francis Prayer Intentions for October 2015
That human trafficking, the modern form of slavery, may be eradicated.
Evangelization: That with a missionary spirit the Christian communities of Asia may announce the Gospel to those who are still awaiting it.


More U.S.

'Domestic terrorism': 5 People shot during Black Lives Matter protest in Minneapolis Watch

Image of Despite a shooting at a Minneapolis Black Lives Matter protest, the group plans to return to the precinct to continue their protests.


Protesters were standing outside the 4th Precinct in Minneapolis for Black Lives Matter in the case of 24-year-old Jamar Clark when gunshots rang out. LOS ANGELES, CA (Catholic Online) -Five protesters were shot outside the police station Tuesday afternoon as one ... continue reading

Planned Parenthood sues the State of Texas: Find out why NOW Watch

Image of The complainants maintain that planned intervention of the government is a violation of the federal statute and the 14th Amendment, which ensures equal protection.


Planned Parenthood filed a lawsuit this week against the State of Texas for blocking its Medicaid funding. Planned Parenthood says that the decision was motivated by politics - and not because of health care concerns. LOS ANGELES, CA (Catholic Online) - The ... continue reading

Terror threats spark shocking WORLD WIDE TRAVEL ALERTS Watch

Image of In either case, travelers can expect beefed-up security at airports in the coming weeks - and longer lines.


It is the start of the holiday season in the United States - and with the world still thoroughly rattled after the attacks in Paris this past November 13, travel alerts are in high effect. Even worse, those who decide to stay home through Thanksgiving and ... continue reading

Ordinariate of the Chair of St Peter, Catholics nurtured in the Anglican tradition, receives its First Bishop Watch

Image of Fr Randy Sly, a Catholic priest of the Ordinariate of the Chair of St Peter.

By Deacon Keith Fournier

The Personal Ordinariate of the Chair of St. Peter is equivalent to a diocese for Roman Catholics who were nurtured in the Anglican tradition. The Ordinariate was created by the Vatican on Jan. 1, 2012.On November 24, 2015. Pope Francis announced the appointment of ... continue reading

EVIL AGAINST EVIL: Mafia boss says his group will protect New York City against Islamist State Watch

Image of Now pursuing a screenwriting career, Giovanni Gambino says that following the terror attacks in Paris on November 13, protection is more important than ever.


It is highly ironic, an example of the kettle calling the pot black as it were . Son of New York mob boss Giovanni Gambino is warning the Islamic State that if they decide to take New York City on, they will have the mafia to contend with.  LOS ANGELES, CA ... continue reading

Suicide bomber and K-9 units in New York subway station - but it's not what you think (WARNING: GRAPHIC IMAGES) Watch

Image of NYC emergency responders held a 3-hour drill at the Bowery subway station in Manhattan days before the Macy's Thanksgiving Parade.


Following the Paris terror attacks, New York City teamed up with the Department of Homeland Security on Sunday to stage a three-hour active-shooter and suicide bomber drill. LOS ANGELES, CA (Catholic Online) - Only days before the Macy's Thanksgiving Parade, emergency ... continue reading

Will national World War II shame over Japanese internment camps return with Muslim refugees? PHOTOS... Watch

Image of The internment of U.S. citizens of Japanese descent following the bombing of Pearl Harbor during World War II remains a very dark page in our national history.


Longtime mayor of Roanoke, Virginia, Mayor David Bowers has since apologized for his comments that compared Syrian refugee assistance and Japanese internment camps. While controversial, his comments have hit a raw, national nerve . and many people are wondering ... continue reading

What Time is it? The Feast of Christ the King and our Approach to Marking Time Watch

Image of Christ the King: This final Sunday of the church Year, the Feast of Christ the King, is the day when we are invited to commemorate His sovereignty over all men, women and children. Jesus Christ has come. Jesus Christ is coming. Jesus Christ will come again. Jesus Christ is Lord of All.

By Deacon Keith Fournier

Our choice to actually live the Christian liturgical year, in a compelling, evangelistic and inviting way, can become a profoundly important form of missionary activity in an age deluded by the barrenness of secularism. A robust, evangelically alive and ... continue reading

Remembering Gettysburg: America Needs to be Moral to be Free Watch

Image of The Lincoln memorial in Washington, DC

By Mat Staver & Keith Fournier

Our age has been seduced by a counterfeit notion of liberty as the right to do whatever we want, rather than the right to choose to do what is right. This is not what the founding fathers thought. The birth certificate of this nation was called a Declaration of ... continue reading

NEW TERROR THREAT: ISIS releases video saying they will destroy the White House - next Watch

Image of Using his index finger to point to the sky, referring to Allah, the man says,


With the attacks on Paris still foremost in international consciousness, the Islamic State has released a new, threatening video - saying that the United States is next. "We started with [Paris] and we shall finish with the false White House... We shall render ... continue reading

All U.S. News


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

  • Advent Wreath Prayer HD
  • Couple heartbroken after doctor performs abortion without mother's ...
  • St. Catherine of Alexandria: Saint of the Day for Wednesday, November ...
  • Daily Readings for Wednesday, November 25, 2015
  • Prayer For Courage HD
  • 'Domestic terrorism': 5 People shot during Black Lives Matter protest ...
  • 5 unbelievable times children taught us to be better human beings

Daily Readings

Reading 1, Daniel 2:31-45
31 'You have had a vision, Your Majesty; this is what you saw: a statue, ... Read More

Psalm, Daniel 3:57, 58, 59, 60, 61
57 Bless the Lord, all the Lord's creation: praise and glorify him for ... Read More

Gospel, Luke 21:5-11
5 When some were talking about the Temple, remarking how it was adorned ... Read More

Saint of the Day

Saint of the Day for November 24th, 2015 Image

St. Andrew Dung Lac
November 24: Through the missionary efforts of various ... Read More