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'


Copywriter 2015 - Distributed by THE NEWS CONSORTIUM

Pope Francis Prayer Intentions for July 2015
Universal:
That political responsibility may be lived at all levels as a high form of charity.
Evangelization: That, amid social inequalities, Latin American Christians may bear witness to love for the poor and contribute to a more fraternal society.



Comments


More U.S.

Pope Francis to give United States Mass in Spanish Watch

Image of Pope Francis to deliver Washington Mass in Spanish.

By Kenya Sinclair (NEWS CONSORTIUM)

Cardinal Donald William Wuerl has announced Pope Francis' decision to give his Washington Mass on September 23 in Spanish. LOS ANGELES, CA (Catholic Online) - "It's a recognition of how large the Hispanic population in the United States is," Wuerl said. "And he's ... continue reading


Obama gets votes to protect Iran nuclear deal Watch

Image of Barbara Mikulski becomes the 34th vote for the nuclear deal.

By Kenya Sinclair (NEWS CONSORTIUM)

The nuclear deal between the United States, China, Britain, France, Russia, Germany and Iran has been under intense scrutiny from Republicans and some Democrats, however Democratic Senator Barbara Mikulski has agreed to pledge support. Mikulski's support means ... continue reading


Pope Francis asks American teenager to sing for him Watch

Image of Valerie Herrera sings

By Kenya Sinclair (NEWS CONSORTIUM)

17-year-old Valerie Herrera, a senior at Cristo Bey Jesuit High School, was asked by Pope Francis to sing a song. LOS ANGELES, CA (Catholic Online) - Americans were invited to a virtual meeting with Pope Francis via satellite, which was moderated from inside the ... continue reading


Making the punishment fit the crime - Ohio judge doles out unusual sentences Watch

Image of Judge Michael Cicconetti's type of justice seems to be working, as only 10 percent of those who complete the judge's unusual sentences wind up in court a second time.

By Catholic Online (NEWS CONSORTIUM)

Making the punishment fit the crime seems to be the method behind Judge Michael Cicconetti's madness. The Ohio judge metes out unusual sentences in lieu of hefty fines and jail time. It must be working, as those sentenced to perform the unlikely, court-mandated ... continue reading


Pope Francis holds virtual audience with Americans prior to U.S. visit Watch

Image of Pope Francis participated in a virtual audience hosted by ABC News. Moderated inside the Vatican by ABC News'

By Catholic Online (NEWS CONSORTIUM)

Speaking to Americans nationwide, Pope Francis participated in a virtual audience hosted by ABC News. Moderated inside the Vatican by ABC News' "World News Tonight," the segment will air this Friday, September 4, on ABC's "20/20" news program. LOS ANGELES, CA ... continue reading


'It just fell out': Latest Planned Parenthood hidden-camera footage reveals a sickening lack of human values (WARNING: Graphic Video) Watch

Image of Procurement Manager, Perrin Larton

By Kenya Sinclair (NEWS CONSORTIUM)

Planned Parenthood is exposed once again in another undercover video from the Center for Medical Progress. A conversation with Dr. Katharine Sheehan, long-time medical director of Planned Parenthood of the Pacific Southwest until 2013, Perrin Larton, the Procurement ... continue reading


MASSIVE MANHUNT for three suspects on the loose after killing an Illinois officer Watch

Image of The FBI, U.S. marshals, SWAT, ATF, K9 units and Chicago police all search for the three suspects.

By Kenya Sinclair (NEWS CONSORTIUM)

UPDATE: One of the suspects has been taken into custody Tuesday afternoon following the deadly shooting of Charles Gliniewicz.A police officer on a routine patrol was shot and killed around 8am Tuesday morning in Fox Lake, Illinois. Law enforcement officers flood the ... continue reading


Standing with God: Thousands stand up for a traditional marriage and pro-life America Watch

Image of Thousands come to the Stand with God rally outside the South Carolina statehouse lawn.

By Nikky Andres (NEWS CONSORTIUM)

People flocked to the South Carolina statehouse lawn to advocate the defunding of Planned Parenthood and reversal of the legalization of same-sex marriages. MUNTINLUPA, PHILIPPINES (Catholic Online) - The pro-traditional family and pro-life demonstration in South ... continue reading


Supreme Court abandons Kim Davis, her martyrdom should come quickly Watch

Image of Until quite recently, the notion of putting a public servant into position to choose between their faith and their work has been inconceivable. Faith has always been protected but not anymore.

By Catholic Online (NEWS CONSORTIUM)

Rowan County Clerk, Kim Davis had her day in court and it went badly. However, she still has her job, and she is still conducting herself with dignity despite the media circus surrounding her office. Ms. Davis still refuses to issue marriage licenses to same sex ... continue reading


Mount McKinley will now be officially recognized by its original name - Denali Watch

Image of The tallest spot in the continental United States, Mount McKinley, will now be known by its original name given it by native Alaskans: Denali.

By Catholic Online (NEWS CONSORTIUM)

The tallest spot in the continental United States, Mount McKinley, will now be known by its original name given it by native Alaskans: Denali. The Obama administration took charge to end a lengthy disagreement by the states of Ohio and Alaska. LOS ANGELES, CA ... continue reading


All U.S. News

Newsletters

Newsletter Sign Up icon

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

Daily Readings

Reading 1, Colossians 1:1-8
1 From Paul, by the will of God an apostle of Christ ... Read More

Gospel, Luke 4:38-44
38 Leaving the synagogue he went to Simon's house. ... Read More

Saint of the Day

Saint of the Day for September 2nd, 2015 Image

St. Ingrid of Sweden
September 2: Born in Sknninge, Sweden, in the 13th century, St. Ingrid lived ... Read More

Inform, Inspire & Ignite Logo

Find Catholic Online on Facebook and get updates right in your live feed.

Become a fan of Catholic Online on Facebook


Follow Catholic Online on Twitter and get News and Product updates.

Follow us on Twitter