Skip to content
Catholic Online Logo

By Andrew M. Greenwell, Esq.

6/28/2013 (2 years ago)

Catholic Online (

In short, the majority on the United States Supreme Court see us as outlaws. To defend traditional marriage is tantamount to

In one fell swoop, the United States Supreme Court in United States v. Windsor killed the federal Defense of Marriage Act (DOMA), thereby assuring that same-sex "marriages" recognized under State laws must be treated as marriages under Federal law.  The immediate result of the majority holding is to open up to the partners of same-sex "marriage" thousands of benefits, including estate tax exemptions, social security benefits, the ability to file joint tax returns, and so forth. But that result is not the worst of it.  What is worse is what the opinion forebodes. 


By Andrew M. Greenwell, Esq.

Catholic Online (

6/28/2013 (2 years ago)

Published in Politics & Policy

Keywords: same-sex marriage, Defense of Marriage Act, DOMA,

CORPUS CHRISTI, TX (Catholic Online) - In one fell swoop, five justices composing a majority of the United States Supreme Court in United States v. Windsor killed the federal Defense of Marriage Act (DOMA), thereby assuring that same-sex "marriages" recognized under State laws must be treated as marriages under Federal law. 

The immediate result of the majority holding is to open up to the partners of same-sex "marriage" thousands of benefits, including estate tax exemptions, social security benefits, the ability to file joint tax returns, and so forth.  The ripple effect will be significant.

But that result is not the worst of it. 

What is worse is what the opinion forebodes. 

The majority opinion--authored by "sweet mystery of life" Justice Kennedy and joined by the irreformable liberal justices Gingsburg, Breyer, Sotomayor, and Kagan--states in not-so-veiled language that defending traditional marriage serves to "degrade or demean" same-sex "marriage," that it causes "injury and indignity" to, that it clearly evinces a "bare . . . desire to harm," and that it can only intend to "disparage and injure" same-sex couples.

As recognized by the dissenting justices, in particular Justice Scalia, the fundamental premise of the majority opinion--clearly visible through its "argle bargle" and "rootless and shifting" justifications that sound (but really only sound) in federalism, equal protection, and due process--is that any sort of held view that marriage and its benefits should be limited to a union between one man and one woman is "irrational," and therefore can only be motivated by "malice," or "bigotry." 

It is only legislators "with hateful hearts" that could have "voted 'aye'" on DOMA. 

It is only "mean-spirited" justices that would support such laws.

What this sort of rabid secular liberal dogma held by the majority forebodes is that any action, legislative, political, social, or religious, seeking to sustain traditional marriage--since by definition it infringes upon same-sex "marriage"--is ipso facto a legal, political, or social evil. 

Worse, in the view of the self-righteous majority, such a view is necessarily motivated by spite, by hatred, by bigots and moral ignoramuses.  The intent is necessarily evil.

In the view of the majority of the Supreme Court, to borrow from the dissent of Justice Scalia, "any resistance to" the majority's holding is "beyond the pale of reasoned disagreement."  It follows that only a fool or, what's worse, a bigot would hold against the enlightened majority.

In effect, by "adjudging those who oppose" same-sex "marriage" equivalent to "hostes humani generis, enemies of the human race," the majority has declared war against advocates of traditional marriage. 

In short, the majority on the United States Supreme Court see us as outlaws.  To defend traditional marriage is tantamount to "hate your neighbor."  We are persona non grata, moral undesirables.

We are dealing here with two clashing visions, and only one side has the power: the majority of liberal justices on the Court.  The majority of the Court clearly has no compunction in voiding any legislative or executive effort at buttressing traditional understanding of marriage. 

The five ennobled ones are the only majority that counts.  What the majority in Congress or any State legislature or the people may think is irrelevant, unless such majority sides with the enlightened majority on the Supreme Court, in which case it's all well-and-fine.

The precious five that constitute the majority feel no compunction on overruling a law passed by Congress and signed into law by the President.  Is there any doubt how eagerly it will dispose of a law passed by a State legislature and signed by a measly State governor?

And how naturally shall the majority's view lead to sanctions against the Church?  Or to political groups who seek to advance traditional marriage?  How, for example, can tax exempt status be justified?  How can contributions to such groups be considered tax deductible?  In the view of the five justices that make up the majority, these groups are morally diseased: they advocate, and are indeed built upon, invidious discrimination.

The Catholic Church, basing herself on the natural moral law and reason, insists that giving legal recognition to same-sex unions is against the common good. 

But the majority on the Supreme Court--the five Spartan ephors with not-so-Spartan surnames of Kennedy, Gingsburg, Breyer, Sotomayor, and Kagan--hold exactly the opposite. 

In the words of Justice Scalia, the federal shoe against same-sex "marriage," has dropped. 

One can easily look beyond the "argle bargle" of the majority opinion and see that it is only a matter of time before the "second, state-law shoe" drops.  And it won't stop there.

If DOMA violates the equal protection and due process clause of the Fifth Amendment, it follows invariably that any state law that seeks to define marriage as a union between one man and one woman only violates the equal protection and due process rights of the Fourteenth Amendment.
The arguments in Windsor, Scalia observes, are conveniently, even "deliberately," "transposable" to a future challenged to a State law defining marriage as between one man and one woman.  He's already written a draft of a future opinion in his dissent.

After the State laws go, the proponents of same-sex "marriage" will turn their full attention to the Church.  The Church and a few others that align themselves with her will be the only ones insisting that, based upon reason and revelation both, marriage is, and can only be, a life-long commitment between a man and a woman and that any sort of normalization of same-sex unions is a moral, legal, political, and social evil. 

Don't expect much of a hearing: in the eyes of these secular liberal idealogues, the Church has as much moral standing as the Ku Klux Klan.


Andrew M. Greenwell is an attorney licensed to practice law in Texas, practicing in Corpus Christi, Texas.  He is married with three children.  He maintains a blog entirely devoted to the natural law called Lex Christianorum.  You can contact Andrew at


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 Politics & Policy

'We cannot succumb to fear': U.S. joins France in fight against ISIS Watch

Image of U.S. President Barack obama has decided to join forces with France in eliminating ISIS.


Following a meeting with French President François Hollande, United States President Barack Obama has proclaimed "total solidarity" with France. LOS ANGELES, CA (Catholic Online) - President Obama believes the declaration of solidarity, alongside his trip to Paris for ... continue reading

U.S. throws doors open to Syrian refugees - despite identity of Paris terrorist suspect as disguised refugee Watch

Image of It's not yet known how many more additional refugees the U.S. may take in beyond the originally state 10,000. Two senior administration officials say they are seeking ways to take in even more.


Even after it was learned that a key terrorist in the recent attacks in Paris, 25-year-old Ahmed Almuhamed, snuck into France after he was rescued from a sinking shop off the coast of Greece posing as a Syrian refugee, the Obama administration continues to ... continue reading

Supreme Court to hear arguments over Texas abortion clinic ruling Watch

Image of Lawmakers have put major restrictions of abortion since 2010, but none as far-reaching and strict as Texas' HB2.


A measure passed in the State of Texas, HB2 in 2013 has led to the closure of half of that state's abortion clinics. Now, the Supreme Court will hear arguments over the Texas law that has been among the most crucial in the ongoing national dialogue regarding ... continue reading

PUT TERRORISTS IN COLORADO? Law enforcement officials question Guantanamo Bay closure Watch

Image of Obama's Defense Secretary recently said that around half of the remaining 112 prisoners at Gitmo must be locked up


United States President Barack Obama has long promised to close Guantanamo Bay, a holding facility for suspected terrorists at a U.S. naval facility in Cuba. The question, as posed by dozens of law enforcement officials in a letter to the president . where do ... continue reading

What has the United States Government done with $5.9 billion? Watch

Image of American taxpayers gave the United States government $5.9 billion in foreign military financing last how was it distributed?


Each year Americans complain about paying taxes, much of which is distributed to foreign military aid. So where have all the funds gone? LOS ANGELES, CA (Catholic Online) - According to the United States government's Foreign Assistance report, $5.9 billion was directed ... continue reading

You won't believe how Trump and Carson have become a disrupting force in the Republican Party! Watch

Image of Donald Trump and Ben Carson's popularity has other Republican presidential candidates sweating.


Republican presidential hopefuls Ben Carson and Donald Trump have disrupted Republican politicians and have many questioning where the United States is headed should either become the next American President. LOS ANGELES, CA (Catholic Online) - Members of the ... continue reading

Fourth Presidential debate asks the hard questions Watch

Image of The Fourth Republican Debate gave presidential candidates several opportunities to shine -but who took advantage of the spotlight?

By Kenya Sinclair (California Network)

The fourth Republican presidential debate took place at the Milwaukee Theater Tuesday night. Candidates were asked the big questions ranging from how they felt about protester demands for a $15 minimum wage to the deportation of 11 million illegal immigrants in the ... continue reading

Court halts Obama's executive orders with Obama's own words! What were they? Watch

Image of Obama's own words were used to stop him from changing the law as he pleased.

By David Drudge (California Network)

A federal appeals court has used Obama's own words to halt his growing use of executive orders that allow him to rule by edict. Their decision specifically halts his edict that shields 5 million illegal immigrants from imminent deportation and that he does not have the ... continue reading

Social Security administration hits unbelievably new record in spending - You won't believe the numbers! Watch

Image of This latest figure represents a substantial increase from the $910,394,720,000 the Social Security Administration spent in fiscal 2014.


Hitting a record $944,143,000,000 in fiscal 2015, the Social Security Administration reached an all-time in spending. The inclusive payments for this bureau include payments for Social Security and disability benefits in addition to Supplemental Security Income ... continue reading

Obama's executive order gets blocked and why that's a disaster for thousands of Catholic families Watch

Image of President Barack Obama's plan to protect millions of undocumented immigrants falls flat.


On Monday night, the 5th Circuit Court of Appeals found that a lower court did not "abuse its discretion" when it claimed President Barack Obama's controversial executive actions on immigration were unlawful. LOS ANGELES, CA (Catholic Online) - Obama's executive ... continue reading

All Politics & Policy 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

  • BIGGER THAN ISIS - There's a hidden power behind ISIS and it's so big ...
  • St. John Berchmans: Saint of the Day for Thursday, November 26, 2015
  • The Miracle Prayer HD Video
  • Your Daily Inspirational Meme: Thanksgiving blessings
  • Prayer For Courage HD Video
  • UPDATE: Did the U.S. military actually know they were bombing the ...
  • Daily Readings for Thursday, November 26, 2015

Daily Readings

Reading 1, Daniel 6:12-28
12 These men came along in a body and found Daniel praying and pleading ... Read More

Psalm, Daniel 3:68, 69, 70, 71, 72, 73, 74
68 Bless the Lord, dew and snow-storm, praise and glorify him for ... Read More

Gospel, Luke 21:20-28
20 'When you see Jerusalem surrounded by armies, then you must realise ... Read More

Saint of the Day

Saint of the Day for November 26th, 2015 Image

St. John Berchmans
November 26: Eldest son of a shoemaker, John was born at ... Read More