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'


© 2014 - Distributed by THE NEWS CONSORTIUM

Pope Francis Prayer Intentions for July 2014
Sports:
That sports may always be occasions of human fraternity and growth.
Lay Missionaries: That the Holy Spirit may support the work of the laity who proclaim the Gospel in the poorest countries.



Comments


More Politics & Policy

As hundreds of bills languish on his desk, push is on to 'fire Harry Reid' Watch

Image of The GOP now hopes to use those examples to build a case against Harry Reid and argue that his procedural stranglehold is the reason for the Senate's painful levels of gridlock.

By Catholic Online (NEWS CONSORTIUM)

The GOP is now calling for either the resignation or firing of Senate Majority Leader Harry Reid. The Republican National Committee is launching a two-week "robo-call" campaign in efforts to nationalize Senate races across battleground states, arguing that each ... continue reading


DOES the President have the unilateral power to legalize illegal aliens? Hoyer: No Watch

Image of

By Catholic Online (NEWS CONSORTIUM)

Does U.S. President Barack Obama have the unilateral right to convert countless illegal immigrants to legal status? House Democratic Whip Steny Hoyer (D-MD) said that President Obama "can't legalize" the illegal aliens, but added that the president "can ... continue reading


RATCHETING UP SANCTIONS: U.S. Europe increase sanctions against Russia Watch

Image of Australian Prime Minister Tony Abbott said that he is not considering adding new sanctions. Australia lost 28 citizens on Flight MH17. Abbott said that at the moment

By Catholic Online (NEWS CONSORTIUM)

New economic sanctions against key sectors of the Russian economy have been announced by U.S. President Obama. It's all part of Washington's latest efforts to force Russian President Vladimir Putin to end his support for Ukrainian rebels. LOS ANGELES, CA ... continue reading


'Achievements and contributions… to building the very fabric of our nation and strengthening the core of our democracy,' Obama celebrates achievements of Muslims Watch

Image of A recent survey found that 72 percent of Muslim-Americans approve of the President, more so than any other religious group.

By Catholic Online (NEWS CONSORTIUM)

As the persecution of Iraqi Christians at the hands of Islamic jihadists continued, President Obama and First Lady Michelle released a statement this past weekend thanking Muslim Americans for their many "achievements and contributions...to building the very ... continue reading


U.S. Bishops say Obama's executive order 'implements discrimination' Watch

Image of Archbishop William E. Lori of Baltimore, pictured, and Bishop Richard J. Malone of Buffalo in a statement noted that the executive order, which will impact a fifth of the U.S. workforce, discriminates against faithful Catholics.

By Catholic Online (NEWS CONSORTIUM)

A new order by U.S. President Obama that forbids federal contractors from discriminating "on the basis of sexual orientation and gender identity," has been denounced by U.S. bishops as "unprecedented and extreme and should be opposed" and, in effect, ... continue reading


Israel harshly critical of U.S. Secretary of State John Kerry, called 'an Alien' Watch

Image of U.S. Secretary of State John Kerry's apparent decision to use Qatar as a conduit through which to communicate with Hamas, effectively ditching an earlier Egyptian proposal which the group had rejected has stirred the pot.

By Catholic Online (NEWS CONSORTIUM)

The United States and Israel have been the staunchest of allies since Israel reached statehood following World War II - but this doesn't mean that the nations have always seen eye-to-eye. Indeed, the right-wing faction of the Israeli government are harshly ... continue reading


President Obama is 'mailing it in', bought the farm - spending lots of time golfing and goofing off Watch

Image of

By Catholic Online (NEWS CONSORTIUM)

Lackadaisical. That word is used to define "lacking enthusiasm and determination; carelessly lazy." Lackadaisical appears to described U.S. President Barack Obama as of late. The president is pending an awful lot of time playing golf while the nation and the ... continue reading


In President Obama's war on religious freedom the people suffer another loss Watch

Image of A July 21 executive order has dealt a huge blow to the cause of freedom of religion in the United States.

By Catholic Online (NEWS CONSORTIUM)

President Barack Obama's July 21 executive order prohibiting discrimination based on sexual-self-identification has lead to strong criticism from several prominent U.S. bishops, calling the executive order "unprecedented and extreme." LOS ANGELES, CA (Catholic ... continue reading


Efforts against female genital mutilation could be thwarted by population growth Watch

Image of Due partly to community activism and legislation, the prevalence of FGM, which involves the cutting away of the external female genitalia, and the marriage of girls under the age of 18 has decreased slightly over the last 30 years, UNICEF said.

By Lisa Anderson, Thomson Reuters Foundation

Advances in fighting female genital mutilation, or FGM and child marriage could be offset by population growth unless the rate of progress increases, according to new data released Tuesday by the United Nations Children's Fund (UNICEF). (Thomson Reuters ... continue reading


FREE SPEECH VIOLATED: Tea party groups' lawsuit against IRS proceeds Watch

Image of Among the individuals named in the lawsuit is Lois Lerner, who headed the division that processes applications for tax-exempt status at that time.

By Catholic Online (NEWS CONSORTIUM)

They're not going to take it - and they're taking their claims to court. A federal judge has allowed a lawsuit by 10 tea party groups to move forward against the Internal Revenue Service. The judge rejected a request by the federal government to dismiss all 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, Jeremiah 26:1-9
1 At the beginning of the reign of Jehoiakim son of ... Read More

Psalm, Psalms 69:6, 8-10, 14
6 Those who hope in you must not be made fools of, ... Read More

Gospel, Matthew 13:54-58
54 and, coming to his home town, he taught the people ... Read More

Saint of the Day

Saint of the Day for August 1st, 2014 Image

St. Alphonsus Marie Liguori
August 1: Bishop, Doctor of the Church, and the founder of the ... 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