US Supreme Court To Hear Cases on Changing What Can Never Be a Marriage Into a Marriage
The institutions of government should defend marriage against those who would redefine it.
True marriage is the preeminent and the most fundamental of all human social institutions. It is a relationship defined by nature and protected by the natural law that binds all men and women. It finds its foundation in the order of creation. Civil institutions do not create marriage nor can they create a right to marry for those who are incapable of marriage.
WASHINGTON, DC (Catholic Online) - On Friday, December 7, 2012, the order List was released and the Supreme Court granted Certiorari (Review) in two cases, United States v Windsor, Edith, S. et al. and Hollingsworth, Dennis, et al, v Perry, Kristin M, et al.
At stake in these two cases is whether or not marriage as between one man and one woman will continue to receive the protection of the State and Federal Government in the United States.
As usual, the orders were brief. On the Windsor case, "The petition for a writ of certiorari is granted. In addition to the question presented by the petition, the parties are directed to brief and argue the following questions: Whether the Executive Branch's agreement with the court below that DOMA is unconstitutional deprives this Court of jurisdiction to decide this case; and whether the Bipartisan Legal Advisory Group of the United States House of Representatives has Article III standing in this case."
On the Hollingsworth case, the order was not only brief, it was more obscure, "The petition for a writ of certiorari is granted. In addition to the question presented by the petition, the parties are directed to brief and argue the following question: Whether petitioners have standing under Article III, §2 of the Constitution in this case."
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 our law, 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 will not enforce it. It has also been assaulted in the Courts by homosexual equivalency activists. They want to compel a legal equivalency between homosexual and lesbian partnerships and marriages.
In Hollingsworth, the supporters of marriage as between one man and one woman asked the Supreme Court to review a decision by the 9th Circuit Court of Appeals decision. That Court upheld the unilateral action of a lower federal Court which struck down a constitutional amendment lawfully passed by the citizens of California. It defined marriage as between one man and one woman.
Supporters of what I call the "homosexual equivalency movement" believe they are right. They now speak of "marriage equivalency". By the term they mean somehow making what can never be a marriage, a homosexual partnership, to be a marriage, by a pronouncement of a Court or a legislature. They accuse us of being against marriage because we will not redefine it to include homosexual partnerships.
The leaders of the homosexual equivalency movement insist that homosexual sexual practices are morally equivalent to the sexual expression of marital love between a man and a woman. They now insist that the State and Federal Government treat homosexual relationships as legally equivalent to marriage.
They convinced the main stream media to frame efforts to defend marriage as opposing gay couples. They have been joined by collaborators in the Judiciary and some elected officials who now view themselves as "liberators" when they are injuring the common good and threatening the foundation of civil society.
They are dedicated to building a different society where the positive law of the Nation forces us to call to be a marriage what can never be a marriage. If we do not, we will face the police power of the State.
The truth about marriage is not simply a religious construct. The Natural Law reveals - and the cross cultural history of civilization affirms - that marriage is between a man and a woman, open to children and intended for life.
Marriage is the foundation for the family which is the privileged place for the formation of virtue and character in children, our future citizens. The family is the first society, first economy, first school, first civilizing and mediating institution and first government.
I have warned my fellow supporters of marriage - in my work and in my writing - not to use the term traditional as an adjective for marriage. There were a number of reasons I opined about the dangers of this propaganda ploy. All have proven to be correct.
First, the phrase traditional marriage sounds like those who defend true marriage want to turn the clock back and live in the past. It paints us as opposed to progress. Nothing could be further from the truth.
Those who seek to redefine the word ...
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