Skip to content
Catholic Online Logo

By Andrew M. Greenwell, Esq.

6/28/2013 (1 year 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 (1 year 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 March 2015
Universal:
Scientists: That those involved in scientific research may serve the well-being of the whole human person.
Evangelization: Contribution of women: That the unique contribution of women to the life of the Church may be recognized always.


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


Comments


More Politics & Policy

Six years of snooping: U.S. unveils six-year-old report on NSA activity Watch

Image of The phone records program, which let the NSA to hunt for communications between terrorists abroad and U.S. residents, had been argued as being ineffective.

By Catholic Online (NEWS CONSORTIUM)

If no legislation rules otherwise, the Patriot Act surveillance law will expire this coming June 1. This would not only affect National Security Agency, or NSA surveillance, but other programs used by the FBI to investigate domestic crimes. To this end, the ... continue reading


House of Representatives may subpoena Hillary Clinton's personal e-mail server Watch

Image of Asked to evaluate Clinton's chances of being elected the next president of the United States, Boehner said Hillary Clinton could be a

By Catholic Online (NEWS CONSORTIUM)

The House of Representatives may subpoena Hillary Clinton's personal e-mail server if she does not voluntarily surrender it for examination by an independent party, John Boehner revealed this week. LOS ANGELES, CA (Catholic Online) - "I've not made any decisions ... continue reading


Eating at the government's table: 353,000 refugees on food stamps, 55,000 receiving SSI Watch

Image of They come from faraway lands to the United States in search of a better life - all on the taxpayer's dime.

By Catholic Online (NEWS CONSORTIUM)

They come from faraway lands to the United States in search of a better life - all on the taxpayer's dime. It has been learned that at least 350,000 refugees in the U.S. are on food stamps, according the Congressional Research Service, or CRS. LOS ANGELES, CA ... continue reading


Bill and Hillary Clinton have been 'disorganized and greedy,' analyst says Watch

Image of Regardless of Bill Clinton's personal feelings about Obama, it did not take him long to see the advantages of an Obama Presidency. More than anyone, he pushed Hillary to take the job of Secretary of State.

By Catholic Online (NEWS CONSORTIUM)

Former U.S. President Bill Clinton, along with his wife Hillary - who has her eyes on the presidential seat come 2016, reportedly have a "web of connections between Bill's private work, Hillary Clinton's public role as secretary of State, the Clintons' ... continue reading


Loretta Lynch makes history as the first African-American female U.S. attorney general Watch

Image of Loretta Lynch is the first African American female attorney general in the history of the United States.

By Talia Ramos (NEWS CONSORTIUM)

Loretta Lynch has been confirmed as the new U.S. attorney general last Thursday. History is made as she became the first African-American woman to occupy such a crucial and distinct government position. Lynch was not present during the Senate confirmation, however, her ... continue reading


Have they found their man? Koch brothers offer audition to Jeb Bush Watch

Image of Jeb Bush, former governor of Florida, may be the candidate likely to receive support from the Koch brothers and their network of extensive political contacts.

By Matt Waterson (NEWS CONSORTIUM)

The Koch brothers, Charles and David, the wealthy political donors who have dipped their hands and massive fortunes into U.S. politics for years, may have upped their involvement, considering for the first time whether to lend their wealth and organizational ... continue reading


Will one book ruin Hillary Clinton's entire presidential campaign? Watch

Image of Hillary Clinton's campaign takes a big hit with new book.

By Abigail James (NEWS CONSORTIUM)

A controversial "tell all" book about the Clinton Foundation's funding habits, titled "Clinton Cash: The Untold Story of How and Why Foreign Governments and Businesses Helped Make Bill and Hillary Rich," is set to enter stores and rock Hillary's campaign next month. ... continue reading


Social Security numbers issued to more than half a million illegal immigrants in U.S. Watch

Image of

By Catholic Online (NEWS CONSORTIUM)

The cornerstone to lawful employment to labor in the United States, it has been recently revealed that more than half a million illegal immigrants - or 541,000 illegal aliens. This disheartening statistic has been revealed by Carolyn Colvin, acting commissioner ... continue reading


Hillary Clinton caught in shameful lie on family's history Watch

Image of

By Abigail James (NEWS CONSORTIUM)

As Hillary Clinton continues to shape her platform for presidency, she is reported as boasting her family's immigration history. During one of her first speeches as an official candidate, Clinton said that "all her grandparents had immigrated to the United States," ... continue reading


Federal government sets all-time record for tax revenue Watch

Image of We will not know how much additional tax revenue the Treasury pulled in until it releases its next daily statement tomorrow afternoon. Every dollar of it will add to the new record.

By Catholic Online (NEWS CONSORTIUM)

Tax day has arrived - and with the close of business on April 14, the Treasury brought in a record $1,477,901,000,000 since fiscal 2015. Began on October 1, 2014, these figures are courtesy of the Daily Treasury Statement. Despite this record tax revenue, the ... 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, Acts 11:1-18
1 The apostles and the brothers in Judaea heard that ... Read More

Psalm, Psalms 42:2-3; 43:3, 4
2 I thirst for God, the living God; when shall I go ... Read More

Gospel, John 10:1-10
1 'In all truth I tell you, anyone who does not enter ... Read More

Saint of the Day

Saint of the Day for April 27th, 2015 Image

St. Zita
April 27: St. Zita was born into a poor but holy Christian family. Her ... 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