Skip to content
Catholic Online Logo

By Keith A Fournier

3/27/2013 (2 years ago)

Catholic Online (www.catholic.org)

The Government of the State of California has decided it is more enlightened on this matter than its own citizens

At 10:07 AM (EST) on Tuesday morning, March 26, 2013, the oral arguments in Hollingsworth v Perry were held before the United States Supreme Court. Dennis Hollingsworth and others are supporters of Proposition Eight, a constitutional amendment which defended marriage as between one man and one woman.  It was passed by the majority of the voters of California. Though normally the State of California would have defended Proposition Eight because it was lawfully passed by a majority of Californians, it refused to do so because it did not like the results.

Outside of the US Supreme Court

Outside of the US Supreme Court

Highlights

By Keith A Fournier

Catholic Online (www.catholic.org)

3/27/2013 (2 years ago)

Published in U.S.

Keywords: marriage, proposition Eight, anti-marriage, gay marriage, DOMA, Defense of Marriage, Hollingsworth v Perry, Keith A Fournier


WASHINGTON, DC (Catholic Online) - At 10:07 AM (EST) on Tuesday morning, March 26, 2013, the oral arguments in Hollingsworth v Perry were held before the United States Supreme Court. Dennis Hollingsworth and others are supporters of Proposition Eight, a constitutional amendment which defended marriage as between one man and one woman.  It was passed by the majority of the voters of California.

The petitioners asked the US Supreme Court to review a decision by the 9th Circuit Court of Appeals decision which upheld the unilateral action of a lower federal Court which struck down the constitutional amendment on its own authority, even though it had been lawfully passed by the citizens of California.

Though normally the State of California would have defended Proposition Eight because it was lawfully passed by a majority of Californians, it refused to do so because it did not like the results. The Government of the State of California decided it was more enlightened on this matter than its own citizens. 

So, Attorney Charles Cooper represented those who asked the Court to uphold Proposition 8. In effect, they asked the Court to uphold marriage for what it is, a union between one man and one woman.

Theodore Olsen represented the Respondents, Kristen M Perry and others. They are homosexual and lesbian partners who seek to use this case to change the definition of marriage by judicial fiat. 

The Obama administration entered the case as well, submitting a "friend of the Court" (Amicus) brief which opposed the will of the people of California and asks the Court to enter into the effort to change the definition of marriage by judicial fiat.

The respondents and the federal government argued that Proposition Eight discriminates against homosexual and lesbian couples. They claimed that it fails to recognize some civil right for homosexuals and lesbians to marry.

The Obama administration argued that Proposition Eight is an unconstitutional violation of the 14th amendment to the United States Constitution because it failed to give equal protection to those homosexual and lesbian couples who insist that they have this civil right to marry.

All day Tuesday the media was filled with people seeking to read the tea leaves, parse the comments of the Judges and make their own predictions of the outcome. The opinion is not expected until June. I know it is a futile task. I am a lawyer who spent much of my career in constitutional work. I had the privilege of serving as co-counsel on several cases at the United States Supreme Court.  I was not in the Court for this argument.

However, a talented lawyer who has made numerous successful appearances before the Court - in whom I place a very high degree of confidence - thinks the Court will effectively bypass the matter by holding that the petitioners had no legal standing before the Court. In other words, they had no ground to even present the case under the law. The reason - they were simply citizens affected by the Appellate Courts refusal to implement their will as reflected in Proposition 8 - not the State of California which should have brought the case in the first instance.

Remember, the State refused to act because they did not agree with the results of the vote. Of course, that raises the question, "Why did the Court even agree to take the case?". The quick answer to support the possibility offered by my source is that the standard for reviewing cases which they will even agree to hear is different than the full review at the hearing. Whether they will find the petitioners had no legal standing and basically return the matter to the prior status - or not - only time will tell. It will be early June before we all know. 

The effect would be to reinstate the opinion of the Ninth Circuit which struck down proposition Eight.  In other words, California would call homosexual and lesbian partnerships - "marriages" -  and grant homosexual and lesbian couples marriage licenses, in spite of what the majority of voters decided. It would have no affect on other States and would leave the entire matter where it was before the Supreme Court agreed to hear the case.

On Wednesday, March 27, 2013, the second marriage case will be heard before the Supreme Court, US v Windsor. The Windsor case involves two women in a lesbian partnership for forty four years. They civilly married in 2007 because Canada granted legal equivalency between homosexual or lesbian partnerships and authentic marriage.

One of the women died and the Federal Government of the United States would not recognize the surviving partner as a spouse for purposes of calculating estate taxes. That is because of the Defense of Marriage Act (DOMA), which protects marriage as what it is, between one man and one woman.

Although it is the Federal law, DOMA has been unilaterally rejected by the Justice Department of the United States under the Obama administration. They refuse to enforce it. It has also been assaulted in the Courts by homosexual equivalency activists. On Wednesday, March 27, 2013, the US Supreme Court will weigh in.

---


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


Copyright 2015 - Distributed by THE CALIFORNIA NETWORK

Pope Francis Prayer Intentions for February 2016
Universal:
That prisoners, especially the young, may be able to rebuild lives of dignity.
Evangelization: That married people who are separated may find welcome and support in the Christian community.



Comments


More U.S.

FBI arrests Cliven Bundy leading to protesters' surrender in Oregon occupation Watch

Image of Cliven Bundy was arrested by the FBI moments after stepping off a plane (Reuters).

By Kenya Sinclair (CALIFORNIA NETWORK)

Nevada rancher Cliven Bundy stepped off a plane at the Portland International Airport Wednesday evening and was taken to Multnomah County jail, where his sons Ammon and Ryan Bundy were already being held. LOS ANGELES, CA (Catholic Online) - On Thursday morning the ... continue reading


Beauty and the Priest - Cleric indicted for murder in cold case from 1960 Watch

Image of Irene Garza was 25 at the time of her death. No motive has been established in the death of the beauty queen from McAllen, Texas, but John Feit is the only suspect.

By Marshall Connolly, Catholic Online (THE CALIFORNIA NETWORK)

A former priest has been indicted for a 1960 cold case murder of a woman. According to Texas authorities, then 27-year-old priest, John Feit, heard the confession of Irene Garza, then asphyxiated her afterwards. Her body was found in a canal days later. Feit will now ... continue reading


Former Catholic priest arrested in connection with beauty queen's murder - 56 years later Watch

Image of Now a married grandfather, former Catholic priest John Feit is accused in the 1960 murder of 27-year-old Irene Garza in 1960 (CNN).

By Catholic Online (CALIFORNIA NETWORK)

Many thought, but few actually believed that a small town Catholic priest would be capable of such a savage crime. Fifty-six long years later, former priest John Feit, now a married grandfather living in Arizona has been arrested in connection with the 1960 ... continue reading


Ash Wednesday and Lent. It Works if you Work It Watch

Image of After receiving the ashes, we are exhorted to leave the Church as penitents and pilgrims and continue in a Christian way of life every day

By Deacon Keith Fournier

If we enter into the observance of Lent with our entire person, it can draw us, at its' closure, into a deeper embrace and experience of the power of the Resurrection, beginning right now and stretching into eternity. Our frequent liturgical celebrations present ... continue reading


No Catholic or other Christian Should Support the Candidacy of Bernie Sanders Watch

Image of Senator Bernie Sanders, a candidate for the Presidency of the United States of America, denies the fundamental Human Right to Life of children in the womb.

By Deacon Keith Fournier

Legalized abortion on demand is an open rejection of the entire ethic of being our brothers (and sisters) keeper. There can be no enduring lasting solidarity upon which to build a secure future in a culture that kills its own children and calls it a right. No ... continue reading


Mardi Gras' several names and traditions: How is it celebrated around the world? Watch

Image of Mardi Gras is famous for its colors, masks, beads, food, floats and more (Pixabay)!

By Kenya Sinclair (CALIFORNIA NETWORK)

People around the world celebrate Fat Tuesday each year with regional traditions - but did you know it is a celebration with roots in Christianity?  LOS ANGELES, CA (Catholic Online) - "Fat Tuesday" is English for the French "Mardi Gras," and is traditionally ... continue reading


7 Fun facts about Fat Tuesday and Mardi Gras celebrations Watch

Image of Mardi Gras first became a holiday in 1582.

By Abigail James (CALIFORNIA NETWORK)

Mardi Gras is French for Fat Tuesday; it comes directly before Ash Wednesday. "Mardi Gras is a raucous celebratory affair that serves as a final shebang before the 40-day abstinence of Lent," explains The Huffington Post. LOS ANGELES, CA (Catholic Online) - Amidst all ... continue reading


605,000 undocumented immigrants to receive driver's licenses in California Watch

Image of California driver's licenses do not bestow any federal benefits to the recipient. State sources say the law is intended to make California roadways safer.

By Catholic Online (CALIFORNIA NETWORK)

Thanks to a new California law known as AB60, which took effect on January 2, 2015, the Department of Motor Vehicles, or DMV has handed out 605,000 driver's licenses to undocumented workers. It is estimated that 1.4 million migrants will receive licenses under ... continue reading


Center for Medical Progress releases another Planned Parenthood video despite injunction Watch

Image of Pro-life CMP stands against abortionists NAF (imgsuccess).

By Kenya Sinclair (CALIFORNIA NETWORK)

After ousting illegal actions performed by Planned Parenthood clinics, the Center for Medical Progress (CMP), and its founder Daniel Daleiden, have been ordered to cease further distribution of illegally-obtained Planned Parenthood footage. Unfortunately for the ... continue reading


Huff Po Gestapo, beats down Trump, First Amendment with editorial billy club Watch

Image of Huffington Post has found a way to turn the First Amendment into a billy club for their PC police duties.

By David Drudge (CALIFORNIA NETWORK)

Liberal mouthpiece, The Huffington Post (not to be confused with an actual news organization) is pandering to liberal readers by posting an addendum at the end of every story about Donald Trump. The addendum labels Trump a "racist" and a "serial liar." 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

Subscribe to Catholic OnlineYouTube Channel

the FEED
by Catholic Online

  • Saint Valentine and why we offer roses
  • Daily Readings for Sunday, February 14, 2016
  • Can you answer these four challenging questions about Lent?
  • St. Valentine: Saint of the Day for Sunday, February 14, 2016
  • 5 of the best non-traditional ways to celebrate Valentine's Day
  • Prayer in Time of Anger HD Video
  • Stations of the Cross - Fifth Station: Simon of Cyrene helps Jesus to ...

Daily Readings

Reading 1, Deuteronomy 26:4-10
4 'The priest will then take the basket from your hand and lay it before ... Read More

Psalm, Psalms 91:1-2, 10-11, 12-13, 14-15
1 You who live in the secret place of Elyon, spend your nights in the ... Read More

Gospel, Luke 4:1-13
1 Filled with the Holy Spirit, Jesus left the Jordan and was led by the ... Read More

Reading 2, Romans 10:8-13
8 What does it say, then? The word is very near to you; it is in your ... Read More

Saint of the Day

Saint of the Day for February 14th, 2016 Image

St. Valentine
February 14: Click Here for St. Valentine Prayer's Saint ... Read More