Skip to content
Catholic Online Logo

By Deacon Keith Fournier

6/27/2013 (1 year ago)

Catholic Online (www.catholic.org)

The opinion is no surprise to most Court observers. It is also no surprise to those who have been watching the decline of a Nation which has lost its moral compass.

On Wednesday, June 26, 2013, the United States Supreme Court, in a 5-4 opinion, struck down the Defense of Marriage Act as unconstitutional.In addition to the ruling striking down the Defense of Marriage Act, the Court held that the parties who brought the Proposition 8 Case, Hollingsworth v. Perry, had no legal standing to be heard and therefore the Court had no jurisdiction.For  anyone who had any doubt, today's Supreme Court decision reaffirms that faithful Christians are living in an increasingly hostile secularist and Pre-Christian Nation. The potential for overt persecution has now been elevated. Be not Afraid! But also, do not be surprised at what lies ahead, pray and get ready.

A supporter of the decisions which undermine marriage between one man and one woman

A supporter of the decisions which undermine marriage between one man and one woman

Highlights

By Deacon Keith Fournier

Catholic Online (www.catholic.org)

6/27/2013 (1 year ago)

Published in U.S.

Keywords: Proposition 8, Same Sex Marriage, gay marriage, homosexual marriage, United States v Windsor, Hollingsworth v. Perry, Human rights Campaign, Deacon Keith Fournier


WASHINGTON, DC (Catholic Online) - On Wednesday, June 26, 2013, the United States Supreme Court, in a 5-4 opinion, struck down the Defense of Marriage Act as unconstitutional.  The case was entitled United States v Windsor, Executor of the Estate of Spyer, et al. The full opinion can be found here.

The opinion is no surprise to most Court observers. It is also no surprise to those who have been watching the decline of a Nation which has lost its moral compass.

It was based upon the U.S.Supreme Court's interpretation of the Fifth Amendment to the Bill of Rights of the United States Constitution.  In effect, the High Court held that the individual States have the power to regulate what constitutes a marriage.

Since New York recognized same sex relationships as a marriage the Federal Government had no authority to treat the lesbian couple in question any differently than a married man and women. Here are some excerpts:

"The question is whether the resulting in¬jury and indignity is a deprivation of an essential part of the liberty protected by the Fifth Amendment, since what New York treats as alike the federal law deems unlike by a law designed to injure the same class the State seeks to protect. New York's actions were a proper exercise of its sovereign authority. They reflect both the community's considered perspective on the historical roots of the institution of marriage and its evolving understanding of the meaning of equality. (Pp. 13-20)."

"By seeking to injure the very class New York seeks to protect, DOMA violates basic due process and equal protection principles ap¬plicable to the Federal Government. (a) By history and tradition the definition and regulation of mar¬riage has been treated as being within the authority and realm of the separate States. Congress has enacted discrete statutes to regulate the meaning of marriage in order to further federal policy, but DOMA, with a directive applicable to over 1,000 federal statues and the whole realm of federal regulations, has a far greater reach. Its operation is also directed to a class of persons that the laws of New York, and of 11 other States, have sought to protect. Assessing the validity of that intervention requires discussing the historical and traditional extent of state power and authority over marriage.  (Pp. 13-26) "

Though it will be properly pointed out by commentators that the Windsor opinion does not manufacture a federal constitutional right to same sex marriage, the effect of the opinion shifts the landscape legally. It also puts the Christian Church in a very precarious situation.

The US Supreme Court took notice of the fact that the lesbian couple was married under New York Law and held that the Federal Government had no authority to disrespect that decision as it related to the imposition of the Federal Estate tax on the estate of the deceased lesbian partner.

The dissents simply questioned the power and role of the Court. They used a strict constructionist approach to jurisprudence. The limitations of that version of what is called 'conservatism' have never been more obvious and I sincerely hope Christian legal thinkers will get to work deveoping a much needed Natural Law Jurisprudence and stop simply parroting the conservative approach.

There was no consideration whatsoever of the existence of a Natural Moral Law which establishes and defines the nature of marriage -  which civil authority must recognize and respect to be legitimate. The result was not unlike past opinions in affirming that the positive or civil law is simply malleable and can be changed with the shifting sands of societal whimsy. 

The implications of this opinion are serious for anyone who knows that marriage is what it is - and simply cannot be redefined. Marriage as existing solely between one man and one woman was not an idea manufactured by the Christian Church. It precedes Christianity.

Though affirmed, fulfilled, and elevated by Christian teaching, the truth that marriage can exist only between one man and one woman is not based on religion or revelation alone, but on the Natural Moral Law, written on the human heart and discernible through the exercise of reason.

This claim of the existence of such a Natural Moral Law is the ground upon which every great civilization has been built. It is the source of every authentic human and civil rights movement. This Natural Moral Law gives us the norms we need to build truly human and humane societies and govern ourselves. It should also inform our positive law or we will become lawless and devolve into anarchy.

Marriage is the preeminent and the most fundamental of all human social institutions. Civil institutions do not create marriage nor can they manufacture a right to marry for those who are incapable of marriage. In the words of the first book of the Bible, we read: "it is not good for man to be alone." (Genesis 2:18) Society begins with marriage and the family.

The institutions of civil government should defend marriage and not undermine it. Government has long regulated marriage for the true common good. Examples, such as the age of consent, demonstrate such a proper regulation to ensure the free and voluntary basis of the marriage bond. Redefining the institution of marriage is improper and outside the authority of the State.

The US Supreme Court has now opened the door to the next step in a Cultural Revolution. This opinion leaves no room for any limitation on what can constitute such a redefined notion of marriage according to a State.

Conferring a moral and legal equivalency to same-sex couples by legislative and judicial fiat also sends the message that children do not need a mother and a father. It undermines their fundamental rights and threatens their security, stability, and future.

As Christian citizens, we should be rightly concerned that this decision puts us in an inevitable conflict with the growing power of the State. The Sacred Scriptures and unbroken teaching of the Church confirm that marriage is between one man and one woman.

Experience and history have shown us that if the civil government redefines marriage to grant a legal equivalency to same-sex couples, that same government will then enforce such an action with the police power of the State and compel the Church to participate or face consequences. This will bring about an inevitable collision with religious freedom and conscience rights.

This is not the first time in our over two thousand year history as a Christian Church that we have found ourselves in a culture which rejects the existence of the Natural Moral law. We will do what we always do, live our lives in fidelity to truth and seek to win the culture by our witness and example.However, for anyone who had any doubt, today's decision reaffirms that we are living in secularist and a Pre-Christian Nation. The potential for overt persecution has now been raised.

In addition to the ruling striking down the Defense of Marriage Act, the Court held that the parties who brought the Proposition 8 Case, Hollingsworth v. Perry, had no legal standing to be heard and therefore the Court had no jurisdiction. In effect, California will now proceed with its decision to call homosexual and lesbian partnerships a marriage.

For  anyone who had any doubt, today's Supreme Court decision reaffirms that faithful Christians are living in an increasingly hostile secularist and Pre-Christian Nation. The potential for overt persecution has now been elevated. Be not Afraid! But also, do not be surprised at what lies ahead, pray and get ready.  

---


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


© 2014 - Distributed by THE NEWS CONSORTIUM

Pope Francis Prayer Intentions for December 2014
Christmas, hope for humanity:
That the birth of the Redeemer may bring peace and hope to all people of good will.
Parents: That parents may be true evangelizers, passing on to their children the precious gift of faith.



Comments


More U.S.

The disgusting new fact of American life: More than 46 million Americans on food stamps for 37 straight month Watch

Image of Obama has been in office for about 70 months, and 37 of those months have seen the most amount of Americans on food stamps, ever!

By Matt Waterson (NEWS CONSORTIUM)

It is self-evident that President Obama continues to undermine the abilities of the lower class, enforcing government-reliance on those who can least afford it. The number of Americans on food stamps under Obama has continued along its record breaking path, as, ... continue reading


Faith in the United States' race relations hits a strikingly low point after no indictment verdicts Watch

Image of 57 percent of American's say race relations in the United States are bad, according to the latest NBC News/ Wall Street Journal poll.

By Abigail James (NEWS CONSORTIUM)

"Injustice anywhere is a threat to justice everywhere." Those are the words of Martin Luther King, Jr, a man who fought long and hard for a better today. LOS ANGELES, CA (Catholic Online) - A land where discrimination no longer prevails is a reality that seems no ... continue reading


The Pope, the Pets, the Paparazzi and the Propaganda Media

Image of Pope Francis pets a dog

By Deacon Keith A Fournier

The passing on of this complete fabrication, as well as the embellishment which accompanied it, were not simply a matter of the secular press failing to comprehend this Pope. In fact, religious news sources, both Catholic and Protestant, jumped in. This all ... continue reading


A journey to the land of the free: Part One -- Beaten and scared young children flee violence and turn to the United States for hope Watch

Image of Many young immigrants have no more fight in them when they decide to cross the border, they're only trying to survive.

By Abigail James (NEWS CONSORTIUM)

Blistered feet and filthy, blood-stained skin is the forlorn image of immigrants preparing to cross the border. With hopeful hearts and anxious minds, immigrants, of all ages, assemble to make the leap into their promise land. LOS ANGELES, CA (Catholic Online) - Most ... continue reading


Why is he so upset? Because of the secret Republican time bomb in the government funding bill Watch

Image of The federal government has funding through the 2015 fiscal year, but Republicans will have many opportunities to fight the president's programs in that time.

By Matt Waterson (NEWS CONSORTIUM)

The Senate has approved a $1.1 trillion spending bill, aimed to fund nearly the whole of the federal government through the 2015 fiscal year, ending weeks of drama in Congress and relieving doubts that the government might be shut down again while Democrats and ... continue reading


You know about the 'Bishop of Bling' but do American clergy have the same problem too? Watch

Image of The Bishop of Bling was sacked after he spent $43 million renovating his home.

By Catholic Online (NEWS CONSORTIUM)

Pope Francis has called for "a Church which is poor and for the poor." However, not every member of the clergy may have read the memo. A number of high-ranking Church officials in the United States live in lavish homes, sometimes bordering on the scandalous. LOS ... continue reading


Water leak leads to discovery of 1795 time capsule - left by Paul Revere! Watch

Image of A worker holds the time capsule left by the revolutionaries.

By Catholic Online (NEWS CONSORTIUM)

Paul Revere, the fearless revolutionary who mounted his horse to declare that "The British are coming! The British are coming!" has left an enduring national legacy - in both deed and actions. Excitement is mounting with the discovery of a time capsule left by Revere ... continue reading


The Gender Identity Executive Order of President Obama is a Trojan Horse

Image of Most of us are familiar with the story of the Trojan Horse used by Greek soldiers to take the City of Troy. After a multi-year, unsuccessful effort to take the City, the Greeks pretended to retreat. However, Greek soldiers had left behind a large wooden horse. The Trojans found what they thought were spoils of battle, a large wooden horse. They decided to pull it into the City as a trophy of their victory. Hidden inside were an elite group of soldiers. As soon as the crowds gathered to celebrate the victory, they came out of the horse and destroyed the City from the inside.

By Deacon Keith A Fournier

To equate how one engages in sexual activities with a member of the same sex - or whether one has sexual attraction to a member of the same sex - with a properly protected status such as race, creed, gender or national origin, in the enforcement of federal ... continue reading


America's best hope for 2016 is an old face: Republican's need Romney to run Watch

Image of While Mitt Romney has not said he will run for president in 2016, those close to him suggest that he will, and he is confident that he can win.

By Matt Waterson (NEWS CONSORTIUM)

The Republican party is doing a great deal of soul searching ahead of the 2016 presidential election season. It's will be tough finding a candidate that appeals to the small but vocal Tea Party, the aging and reactionary ultraconservatives and the large and ... continue reading


Government shutdown averted! House passes $1.1 trillion bill just in time Watch

Image of The House of Representatives barely managed to avoid another government shutdown by passing a $1.1 trillion spending bill just hours before the deadline.

By Matt Waterson (NEWS CONSORTIUM)

On the verge of another government shutdown, the House managed to come in with a Hail Mary at the last minute, passing a $1.1 trillion bill on Thursday night, just hours before the deadline at midnight. More surprisingly, the rush to fund the government and ... 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, Genesis 49:2, 8-10
2 Gather round, sons of Jacob, and listen; listen to ... Read More

Psalm, Psalms 72:3-4, 7-8, 17
3 Mountains and hills, bring peace to the people! ... Read More

Gospel, Matthew 1:1-17
1 Roll of the genealogy of Jesus Christ, son of ... Read More

Saint of the Day

Saint of the Day for December 17th, 2014 Image

St. Olympias
December 17: Olympias born into a wealthy noble Constantinople family. She ... 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