Skip to content
Catholic Online Logo

By Andrew M. Greenwell, Esq.

6/28/2013 (2 years ago)

Catholic Online (www.catholic.org)

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. 

Highlights

By Andrew M. Greenwell, Esq.

Catholic Online (www.catholic.org)

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 agreenwell@harris-greenwell.com.

---


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


Copywriter 2015 - Distributed by THE NEWS CONSORTIUM

Pope Francis Prayer Intentions for June 2015
Universal:
That immigrants and refugees may find welcome and respect in the countries to which they come.
Evangelization: That the personal encounter with Jesus may arouse in many young people the desire to offer their own lives in priesthood or consecrated life.


Rosaries, Crosses, Prayer Cards and more... by Catholic Shopping .com


Comments


More Politics & Policy

TIME TO GET TOUGH! Donald Trump laid it all on the line in his 2011 book Watch

Image of Billionaire and GOP Presidential hopeful Donald Trump landed in hot water with comments about illegal immigrants from Mexico about a month ago. It should not have come as a major surprise to anyone who read Trump's 2011 bestseller book

By Catholic Online (NEWS CONSORTIUM)

Billionaire and GOP Presidential hopeful Donald Trump landed in hot water with comments about illegal immigrants from Mexico about a month ago. It should not have come as a major surprise to anyone who read Trump's 2011 bestseller book "Time to Get Tough." In ... continue reading


Is Texas' plan to keep all its gold within the state a step towards secession? Watch

Image of A four-member task force within the Texas comptroller's office has sent an official to a precious metals conference to study up.

By Catholic Online (NEWS CONSORTIUM)

Fiercely independent, the State of Texas has decided to keep all of its gold within state borders. This translates to 5,600 gold bars worth $650 million in the Lone Star state. The decision is drawing kudos from right-wing conservative in Texas, as well as ... continue reading


THE DEVIL HAS SPOKEN - Satanic Temple declares removal of Ten Commandments at Oklahoma capitol a victory Watch

Image of A six-foot-tall granite monument of the Ten Commandments will be removed from the Oklahoma capitol in Oklahoma City. It was ruled that the monument violates the state's constitutional ban against the use of public funds or property to benefit a religion.

By Catholic Online (NEWS CONSORTIUM)

It was a deeply controversial decision - that has satisfied both a local satanic group and Baptist minister. A six-foot-tall granite monument of the Ten Commandments will be removed from the Oklahoma capitol in Oklahoma City. It was ruled that the monument ... continue reading


'Whipping post:' Donald Trump sticks to his guns on comments on illegals Watch

Image of Terrorists, Donald Trump warns, will eventually come in through the nation's shared border with Mexico, as

By Catholic Online (NEWS CONSORTIUM)

Billionaire and presidential hopeful Donald Trump is being called a racist and a bigot, to no avail. Trump is not backing down on his comments when he said that the nation of Mexico sends "people that have lots of problems, they're bringing drugs, they're ... continue reading


SCOTUS PROTECTS - Religious institutions in Pennsylvania protected from HHS mandate Watch

Image of The Pennsylvania-based religious groups are among hundreds of plaintiffs challenging the federal HHS mandate, which requires employers to offer coverage of sterilization, contraception, and some drugs that can cause early abortions.

By Matt Hadro, CNA/EWTN News

The U.S. Supreme Court has issued an order protecting a group of Pennsylvania religious institutions from being required by the federal contraception mandate to violate their faith. Washington D.C. (CNA/EWTN News) - "Doesn't our government have something better to do ... continue reading


DUMP TRUMP? NO WAY. Some brave Hispanic leaders call billionaire 'terrific' and 'brash' Watch

Image of Other presidential contenders have disregarded Trump's comments. It's seen as a setback for many Republicans, who wish to court the widely growing Hispanic population.

By Catholic Online (NEWS CONSORTIUM)

Multi-billionaire, Republican candidate for President has always been known for his outspokenness. In a speech to announce that he was throwing his hat into the ring, Trump said Mexican immigrants are "bringing drugs. They're bringing crime. They're rapists. ... continue reading


Obama declared 'amateur' and 'Marxist' by Center for Disease Control (CDC) official Watch

Image of Countless Central Americans, piling through the U.S. southern Border States along the border with Mexico has brought an influx of unvaccinated people with diseases that have since been eradicated in the U.S.

By Catholic Online (NEWS CONSORTIUM)

United States President Barack Obama's unchecked influx of unvaccinated child immigrants across the U.S. - Mexico border has an official with the centers for Disease Control denouncing him as a "Marxist" and "amateur." An email from the official called him the ... continue reading


Presidential candidate Mike Huckabee speaks out on Obama's gay pride light show and the legalization of gay marriage Watch

Image of

By Hannah Marfil (NEWS CONSORTIUM)

In celebration of the Supreme Court's gay marriage ruling, President Obama lit up the White House with rainbow colors, which garnered a response from Republican, former Arkansas governor and now presidential candidate Mike Huckabee. Huckabee was noted as saying that ... continue reading


Supreme Court 'unwrote laws of nature' GOP presidential candidate Mike Huckabee declares Watch

Image of

By Catholic Online (NEWS CONSORTIUM)

Saying that the Supreme Court tried to "unwrite the laws of nature and the laws of nature's God" when it legalized gay marriage across the nation last week, GOP presidential candidate Mike Huckabee also pointed out the fact that President Barack Obama himself ... continue reading


'They will stand behind lying Brian Williams, but won't stand behind people that tell it like it is': Donald Trump fired from NBC for controversial immigrant statements Watch

Image of Donald Trump retired from The Apprentice after announcing his presidential bid.

By Abigail James (NEWS CONSORTIUM)

NBC has made the decision to cut ties with Donald Trump, over his political view and controversial statements regarding immigration made during his presidential announcement. Donald Trump and NBC have had a relationship, including Trump's produced Miss USA and Miss ... continue reading


All Politics & Policy News

Newsletters

Newsletter Sign Up icon

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

Daily Readings

Reading 1, Genesis 32:23-33
23 That same night he got up and, taking his two ... Read More

Psalm, Psalms 17:1, 2-3, 6-7, 8, 15
1 [Prayer Of David] Listen, Yahweh, to an upright ... Read More

Gospel, Matthew 9:32-38
32 They had only just left when suddenly a man was ... Read More

Saint of the Day

Saint of the Day for July 7th, 2015 Image

Bl. Ralph Milner
July 7: English martyr. He was born at Stocksteads, Hampshire, and was a ... 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