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 September 2014
Mentally disabled:
That the mentally disabled may receive the love and help they need for a dignified life.
Service to the poor: That Christians, inspired by the Word of God, may serve the poor and suffering.



Comments


More Politics & Policy

Rockefellers to sell investments in fossil fuel to switch to 'clean energy' Watch

Image of From left to right: Stephen Heintz, President of the Rockefeller Brothers Fund, Valerie Rockefeller Wayne, the chair of the fund, and Steven Rockefeller, a son of Nelson Rockefeller and a trustee of the fund, in New York, Sept. 16, 2014.

By Catholic Online (NEWS CONSORTIUM)

In a bold move that illustrates just how far climate change has reached the public's consciousness, heirs to the Rockefeller family have announced that they intend to sell investments in fossil fuels and reinvest in clean energy. The announcement is a ... continue reading


CAN'T KEEP UP: So many employees leaving Department of Homeland Security, it poses risk to U.S. Watch

Image of The vacating of those in top management positions in the Department of Homeland Security has helped slow the rollout of key cybersecurity initiatives.

By Catholic Online (NEWS CONSORTIUM)

The Department of Homeland Security, or DHS has seen an exodus of employees over the past four years. According to officials, this is leaving the United States open to potential terrorist strikes and cyber-attacks. LOS ANGELES, CA (Catholic Online) - Employees ... continue reading


Shell game in Kansas - why Democrats don't have to win Kansas to win the Senate Watch

Image of Independent investor Greg Orman seems to have the advantage in the newly-reshaped senate race.

By Catholic Online (NEWS CONSORTIUM)

The race for Senate in Kansas may suddenly be the most crucial contest in the nation as Republicans scramble to protect their longtime incumbent, Bob Dole is back on the campaign trail, Democrats are being as quiet as possible about not having a candidate, and a ... continue reading


Are they on to something? Judicial Watch says terrorists are operating in Mexico Watch

Image of Beto O'Rourke, a Democrat who represents El Paso in the U.S. House of Representatives, called the area offices of various government agencies in response to a report that Middle Eastern terrorists were operating across the border in Mexico.

By Catholic Online (NEWS CONSORTIUM)

Judicial Watch, a controversial Web site that maintains that Middle Eastern terrorists are operating just cross the border from the United States from Mexico is evidently stirring up waves. Federal law enforcement sources in El Paso, Texas say that a United ... continue reading


CLOTHES HORSE: Wasserman Schultz losing confidence among Democrats Watch

Image of Stylish  Democratic National Committee Chairwoman Debbie Wasserman has alienated members of her own party by reportedly demanding that the party pick up the tab for her wardrobe!

By Catholic Online (NEWS CONSORTIUM)

Two "faux pas" have alienated Democratic National Committee Chairwoman Debbie Wasserman Schultz from her party. Her criticism of the White House's handling of the border crisis and comparing tea party members to abusive husbands have alienated her constituency at ... continue reading


Supreme Court justice Sotomayor warns about drones encroaching on American way of life Watch

Image of Justice Sonia Sotomayor said that she's particularly troubled by the potential for commercial and government drones to compromise personal privacy.

By Catholic Online (NEWS CONSORTIUM)

Unmanned surveillance planes called drones pose a threat to the privacy of American citizens, warns Supreme Court Justice Sonia Sotomayor said. Speaking to students at Oklahoma City University's law school, Sotomayor says that frightening changes in technology ... continue reading


Obama says Islamic State 'is not Islamic' - what are they, then? Watch

Image of

By Catholic Online (NEWS CONSORTIUM)

President Obama vowed to "degrade and destroy" the Islamic State insurgency in Iraq and Syria, He intends to do so with airstrikes and a minimal military presence on the ground. The president also declared that the Islamic State terrorists "are not Islamic." ... continue reading


Obama vows to attack Islamic State militants 'wherever they exist' Watch

Image of There has been some progress made against the group. After more than 150 U.S. airstrikes in Iraq in the past month, Iraqi and Kurdish forces have halted the Islamic State advance.

By Catholic Online (NEWS CONSORTIUM)

President Barack Obama has vowed to attack Islamic State militants "wherever they exist." Obama will be sending a limited U.S. military presence of 475 personnel. The president also declared that the United States will act in concert with a broad coalition ... continue reading


Opinion: We Need a Blue Collar Conservative like Rick Santorum in the 2016 Presidential Campaign Watch

Image of Rick Santorum is not an establishment candidate. He threatens establishment leaders in both major political parties. he has always played the role of the underdog and been counted out by the many self professed experts. That is one of the greatest assets he would bring to the 2016 Presidential campaign. He has the potential to draw voters from across party lines and help to forge a new governing coalition which can resuscitate the American dream and set us on a course to brighter future. I sincerely hope he runs.

By Keith A. Fournier

Rick Santorum is a statesman in an age of salesmen - and women. He is a man with a chest.  I will be watching his movements over the next few months. If he decides to run, and I hope he does, he will bring along with him into his presidential campaign a ... continue reading


Pelosi favors sweeping regulations to save net neutrality and ban Internet 'fast lanes' Watch

Image of

By Catholic Online (NEWS CONSORTIUM)

It's an unpopular stand for many Republicans, but House Minority Leader Nancy Pelosi says she wants to give federal regulators sweeping new powers over Internet access. It's a necessity in order to save net neutrality and protect Internet users, she says. ... 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, Proverbs 21:1-6, 10-13
1 Like flowing water is a king's heart in Yahweh's ... Read More

Psalm, Psalms 119:1, 27, 30, 34, 35, 44
1 How blessed are those whose way is blameless, who ... Read More

Gospel, Luke 8:19-21
19 His mother and his brothers came looking for him, ... Read More

Saint of the Day

Saint of the Day for September 23rd, 2014 Image

St. Padre Pio
September 23: Francesco, named in honor of St. Francis of Assisi, was born to ... 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