Skip to content
Catholic Online Logo

By Deacon Keith Fournier

3/28/2013 (3 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 (3 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 April 2016
Universal:
Small Farmers: That small farmers may receive a just reward for their precious labor.
Evangelization: African Christians: That Christians in Africa may give witness to love and faith in Jesus Christ amid political-religious conflicts.



Comments


More U.S.

No Phony Truces in the Battle to Block Most Anti-Life, Liberal Court in a Generation

Image of The United States Supreme Court

By J. Kenneth Blackwell

While much of our attention is on the Presidential race, the looming battle over a Supreme Court nomination merits no less attention.  The battle lines are clear in this nomination and the future of the Court and our Constitutional principles are at ... continue reading


Fr Frank Pavone - Amoris Laetitia: Pope Francis' Encouraging Roadmap for Families Watch

Image of Fr Frank Pavone, National Director, Priests for Life

By Fr. Frank Pavone, National Director, Priests for Life

Amoris Laetitia is a timely and loving exhortation for families towards genuine charity that begins within the nuclear family. It can be described as a new road-map for a culture that has taken a sad and tragic detour. The Joy of Love recognizes women's ... continue reading


Catherine of Siena: We Need Saints for this Missionary Age Watch

Image of Today, in the Roman Catholic Liturgical Calendar, we commemorate one of the greatest women saints of Christian history, Catherine of Siena.  While praying at Peter's tomb, she experienced the great weight of the Church fall on her shoulders.

By Deacon Keith Fournier

Father, raise up women like Catherine of Siena for this new missionary age of your Church. Women who are so in love with you, and so conformed to the Image of your Son, they can do for your Church in this hour, what she did in her own. Saints are a gift for the ... continue reading


Christian student shockingly dropped from master's program for practicing religious rights Watch

Image of Andrew Cash was discriminated against for practicing his religious rights (YouTube).

By Kenya Sinclair (CALIFORNIA NETWORK)

Andrew Cash practiced his religious rights at Missouri State University - and was dismissed from the master's program in counseling as a result. LOS ANGELES, CA (Catholic Online) - According to the Catholic News Agency, Cash was referring same-sex couples to another ... continue reading


Not a newsflash, U.S. government authorized use of propaganda on American people...in 2013. Here's who to blame Watch

Image of Obama signed the amendment into law in 2013.

By David Drudge (CALIFORNIA NETWORK)

Does the news seem a little too pro-American to you? Does it seem reporters pull punches and that the real issues are ignored? Perhaps that's the result of a quiet change to the law that took place in 2013. A law banning the use of government propaganda on the American ... continue reading


The cost of incarceration: What can we do? Watch

Image of What can we do about overpopulated prisons and ex-cons' ability to find work (Shannon Stapleton/Reuters)?

By Matt Hadro (CNA)

Experts from across the political spectrum are calling for criminal justice reform, as a new White House report shows the human and economic costs of the current justice system. Washington D.C. (CNA) - "This is a singular moment in one of the most challenging issues ... continue reading


Sickening portrayal of Jesus pinned to a dartboard presented as art in university library Watch

Image of

By Abigail James (CALIFORNIA NETWORK)

An appalling portrayal of Jesus plastered to a dartboard was posted up as artwork inside the Art Library at Rutgers University in New Brunswick, New Jersey. LOS ANGELES, CA (Catholic Online) - The "art piece," titled "Vitruvian Man," shows Jesus nailed to the dartboard ... continue reading


Which bathroom should you use? And why is this a question? Watch

Image of Figuring out which restroom to use isn't supposed to be a dilemma.

By Marshall Connolly (CALIFORNIA NETWORK)

The American people are seemingly obsessed with public restrooms these days and precisely how people use the potty. The fear is being stoked by concerns that individuals who "self-identify" as the opposite sex, will take advantage of liberal policies and assault ... continue reading


Prayer Is the Path to Real Freedom Watch

Image of Prayer is the lifeline of a Christian

By Deacon Keith Fournier

Jesus said to his disciples: Ask and it will be given to you; seek and you will find; knock and the door will be opened to you. For everyone who asks, receives; and the one who seeks, finds; and to the one who knocks, the door will be opened. CHESAPEAKE, VA. ... continue reading


Why is Obama now sending 250 MORE troops to Syria? Watch

Image of U.S. President Barack Obama will be sending more troops to the Middle East.

By Kenya Sinclair (CALIFORNIA NETWORK)

U.S. President Barack Obama announced 250 more special operations forces are to be deployed to Syria within the next few weeks. LOS ANGELES, CA (Catholic Online) -  Obama stated: "Just as I approved additional support for Iraqi forces against ISIL, I've decided to ... 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

Daily Readings

Reading 1, Acts 16:1-10
1 From there he went to Derbe, and then on to Lystra, where there was a ... Read More

Psalm, Psalms 100:1-2, 3, 5
1 [Psalm For thanksgiving] Acclaim Yahweh, all the earth,2 ... Read More

Gospel, John 15:18-21
18 If the world hates you, you must realise that it hated me before it ... Read More

Saint of the Day

Saint of the Day for April 30th, 2016 Image

St. Pius V, Pope
April 30: Pope from 1566-1572 and one of the foremost ... Read More