A Panel of the 9th Circuit has surprisingly issued a wise decision, deciding to allow Proposition 8 to remain in place while the 9th Circuit considers its constitutionality.
This was undoubtedly the right decision. It makes no sense to force a state to marry people while knowing that a later decision could invalidate all those marriages.
One hopes that this is the beginning of a trend in reversing Judge Walker, whose rulings in this case can best be described as what happens when judicial activism meets the dictatorship of relativism.
People justly tire of the term “culture war” and find themselves asking, like the philosopher Rodney King, “Can’t we all just get along?”
And yet watching the disparate reactions to yesterday’s Federal Court ruling overturning California’s Proposition 8 (for now) it struck me that the culture war terminology is quite apt. What is termed the culture was is essentially a zero sum game over which of two roughly equally numerous groups will be allowed to define the dominant understandings of culture and society in our country. by taking this to the federal level, same sex marriage advocates have made it clear that no degree of regional acceptance is satisfactory — their understanding of the nature of marriage must be the single dominant understanding enforced throughout the country, and those with a traditional understanding of marriage must be the ones who find themselves aliens within their country. And, presumably, is same sex marriage advocates lose, they will in turn consider themselves aliens within the country. Given that it is the most basic units and purposes of society which are in dispute, it seems hard to see how it can be any other way. And while the dispute is to an extent regional, it is much more so philosophical and ideological, making the culture war more resemble the Spanish Civil War than the American. Every city and region has representatives of both sides.
A few short years ago the mere suggestion that the Son of God, His Apostles and Saints would face arrest for hate speech would have seemed absolutely ludicrous. However, events have spiraled out of control across the western world. In his opinion that strikes down California’s recently voter approved marriage law, Judge Vaughn Walker wrote that those who speak in the name of religion to put across their views that same sex marriage is wrong are “harmful to gays and lesbians.”
Across Europe and Canada, faithful Christians speaking out for traditional marriage face the threat of being hauled off to court for citing the teachings of the Catholic Church and various Evangelical Churches. Where will this all end? Some see a great persecution coming against the Christian faithful. Though possible, one need remember that the Christian faith always grew when persecuted.
The Catholic Church has long taught that some individuals have an inclination toward same sex attraction; they are to be loved as all people are to be loved. The Church teaches that these feelings are not to be acted upon. The Church goes on to teach that all individuals are given a cross to carry in this world and for those who are same sex attracted; this is their cross. An organization exists for those who are same sex attracted called COURAGE. It has many chapters and members.
Recently a profile was done in The New York Times on same sex attracted Eve Tushnet, the Ivy League educated Catholic daughter of Harvard Law professors. She has chronicled her growth in Catholicism and the logic of the Church’s teachings on sexuality. For years the Catholic Church took some heat from some quarters of Christianity for not stating that anyone who is same sex attracted would be going to hell. The Church now is facing a maelstrom of vitriol from those who claim the Church hates homosexuals.
For the Church to change her teachings would be to deny not only what Christ said (Matthew 11:20-24,) but his Apostles, not to mention Saint Paul’s lengthy discourse on the subject (Romans 1:26-28, 1 Corinthians 6:9-10.) In addition to the Apostles and saints, there is a rich history of saints writing on the subject, particularly the Early Church Fathers like Saint Augustine, St Justin Martyr, St. Basil and St John Chrysostom as well as Church intellectuals like St Thomas Aquinas, Saint Albert the Great (the greatest scientist of his time,) along with mystics like St Catherine of Sienna to name but a few. To say that the greatest minds of their respective eras were all wrong is simply breathtaking.
Many who disagree with the Church tend to forget that homosexuality was much more common and approved of by the Roman government in the early Christian era than it is even in 2010. Many in the upper echelons of Greek and Roman culture experimented with all sorts of sexual practices. It would have been far easier for Jesus, the apostles, saints and popes to approve of this conduct than it would to disapprove of it. Christianity might have grown at a faster pace. However, there was a reason for this swimming against the tide, and the faithful accepted it.
I must confess that today’s judicial ruling out of California which overturned Proposition 8 has riled me up, suprisingly so. I heard about the ruling while listening to the livestream of a tech podcast in which one of the three podcasters is a lesbian (previously “married” in CA) and the other two (middle-aged married men) evidently supported the decision. The ease with which they threw out bromides (“finally, equality!”) bothered me, primarily because it revealed two things: 1. a group of intelligent people couldn’t grasp that there might be real objections to same sex “marriage”, and 2. as I’ve noted previously, too many (probably most) Americans simply don’t understand the essential nature of marriage. Simply put, the state’s interest isn’t strong feelings or commitment… it’s children. And — to state the obvious — a homosexual relationship isn’t structured towards procreation the way marriage is.
By now I’m sure you all know that Proposition 8 was struck down by a federal judge. Who knows what will happen on appeal. There is much to be said, but I want to focus on one narrow and possibly tangential point. This phrase from the judge’s ruling, a phrase being reposted on facebook in many statuses:
“A private moral view that Same-sex couples are inferior to opposite-sex couples is not a proper basis for legislation.”
The absurdity of that sentence really struck me. There was nothing “private” about the view of the “superiority” of hetereosexual couples. It has been carried on through generations of communities and in the present day was represented by 52% of Californians. How a popular decision that represented thousands of years of ethical thinking and concern for the family became a private morality is baffling.
More troubling is the implication of the judge that a “moral view” is not a proper basis for legislation. Since when has this been the case? Our laws on pedophilia, minimum wage, health care, torture, human rights, etc. are based at least on part on “moral views,” views that in some respects may be just as if not more private than the ones the judge rejects today.
If morality is not a basis for legislation, what on earth is? Morality guides us in making decisions; without a moral or ethical compass (or perhaps even without a religious one) there is no basis for legislation to be made. Laws are supposed to help make society run better, but there is no way to make society run better unless you have a notion of what a “better society” looks like, and you don’t get to that notion without morality.
State recognition of homosexual marriage is one thing, but this ruling attacks the foundation of our government. Morality must have a place in the public sphere and must be one of the foremost foundations of legislation.
To be sure, the judge is simply smoke-screening for the fact that he is imposing his own standards of morality. But the fact that his statement rejecting a moral basis for legislation is being so celebrated should worry all Americans.
All that is necessary for the triumph of the same sex agenda is that good men do nothing. The fear of reprisal, both materially and physically, can cause good men to do nothing.
Having not experienced this form of intimidation, I am still disturbed by the tactics that are utilized by the more militant arm of the same sex marriage agenda. This exposure to such violence is almost non-existent for me.
As people wait for the results of the California Supreme Court’s review of Prop 8, Douglas Kmiec and one of his Pepperdine Law collegues have put out a proposal that the government get out of the marriage business entirely, and instead bestow “civil union” certificates on households of any configuration or persuasion.
Instead, give gay and straight couples alike the same license, a certificate confirming them as a family, and call it a civil union — anything, really, other than marriage. For people who feel the word marriage is important, the next stop after the courthouse could be the church, where they could bless their union with all the religious ceremony they wanted. Religions would lose nothing of their role in sanctioning the kinds of unions that they find in keeping with their tenets. And for nonbelievers and those who find the word marriage less important, the civil-union license issued by the state would be all they needed to unlock the benefits reserved in most states and in federal law for married couples. Continue reading
According to an email update just out from Bill May of Catholics For The Common Good (not to be confused with “Catholics in Alliance for the Common Good”), the California State Senate passed on Monday resolution SR7, a non-binding resolution calling on the State Supreme Court to overturn Proposition 8, the amendment to the state constitution which passed back in November, defining marriage in California as between a man and a woman.
Anti-Prop 8 Resolution Passed the California Senate Today
Referring to the sovereign power of the voters as “mob rule”, San Francisco Senator Mark Leno asked the State Senate to adopt SR7, a resolution calling on the California Supreme Court to overturn Proposition 8. The measure, that has no force of law, passed 18-14 this afternoon (Monday, March 2).
A similar measure, HR 5, is on the Assembly floor and could come to a vote at any time. Please call your Assembly member and ask him or her to vote “NO”. Details can be found here: http://www.ccgaction.org/family/protectionofmarriage/CA/resaction09-02-17#action.
Perhaps our lawyers can enlighten me, but it seems to me that should the State Supreme Court follow the legislature’s request and overturn the amendment, then the democratic process would have fundamentally broken down.
Readers in California, please don’t forget that as you attempt to chose a pro-Life candidate for President of the US you are also being called to defend marriage by voting Yes on Proposition 8. Whether they are beloved friends, co-workers or relatives, we all probably all know gays and lesbians that we love and care deeply about; many of them may be in long-term loving relationships. But let’s not fool ourselves, a “marriage” between two people of the same sex is not a marriage in Christ. It is not love in the way Christ called us to love one another and the more we head down this path of destroying the institution of marriage, the further we move down the road to our own destruction as a society.