Same Judge Who Turned Hobby Lobby Down, Now Grants Them a Stay on HHS Mandate

 

Hobby lobby zps8425ff5aI’ve read the news reports on several outlets, and I’m not exactly sure what the judge did, except that it’s clear that he stopped the government from dropping the guillotine on Hobby Lobby next month.

The draconian HHS Mandate, which is scheduled to go into effect in August, would probably, in the judge’s own words, “cut the legs from under” any “individual or corporation” who is so bold as to say “no” to it. Judge Joe Heaton ruled that Hobby Lobby is exempt from compliance with the HHS Mandate, at least until higher courts rule in the matter. He also put the case on hold until October 1 to give the Obama administration time to respond. 

What does this mean?

Well, it means that the government can’t start putting Hobby Lobby out of business because it won’t pay for abortifacients for its employees, at least not next month. 

It also gives the Obama administration a bloody nose. The administration originally contended that First Amendment protections of the free exercise of religion only applied to churches. Then, when it began losing in court, the administration widened that out to include direct affiliates of churches. The administration has not budged in its position that the First Amendment protection of the free exercise of religion does not apply to you, me or any other individual. 

I think this latest ruling puts other judges on the hot seat. Are they going to allow corporations and individuals to go down the tubes next month, or are they going to step up and grant similar stays for everyone?

One interesting fact: Judge Joe Heaton is the same judge who denied a somewhat similar request by Hobby Lobby in November 2012. His reasoning then read like Obama administration boilerplate. 

Maxine3

What has happened to change his mind? 

It may be that the reasoning of other justices who did not agree with him made him re-think the issue. It may also be that he finally wised up to the fact that the HHS Mandate is a challenge to the Constitution itself. It may also be that he came to understand what I saw when I first read about the nascent HHS Mandate months before it was promulgated: This thing has the makings of a Constitutional crisis of a magnitude not seen in this country since the Civil War. 

There has been a huge overstepping of individual liberties in the culture wars lately. Whether the issue is abortion or gay marriage, those who promote these positions are not satisfied with laws that allow them to do what they want. They are pushing hard for laws that force other people to participate in doing it with them. 

The HHS Mandate, by directly targeting the Church itself, along with its many ministries, stepped up the fight and made it something that was impossible to ignore. The days of going along to get along ended for believers in religious liberty and freedom of conscience when President Obama signed that thing. 

It’s possible Judge Heaton got his wits together and realized the magnitude of what he was dealing with. It’s also possible that Hobby Lobby’s lawyers wrote a better brief this time around. 

I don’t know. 

I do know that this ruling today is a good and hopeful one for all of us who hold our Constitutional liberties dear. 

Proposition 8 Supporters Re-Open the Case

Prop8again

Proposition 8 supporters have filed a case in court claiming that the vote of the people which passed the law should stand.

From what I’ve read, I believe that what they are basically saying is that since the Supreme Court failed to rule on Proposition 8 by tossing the whole case out, that the law itself stands.

When the Supreme Court refuses to review a lower court ruling, that means that the lower court ruling is allowed to stand. I believe that the lower court ruling in question overturned Prop 8. However, the Supreme Court took the Prop 8 case under consideration, and then tossed it out by saying that the law’s defendants did not have standing.

Does that mean that the entire case was thrown out of court and has no merit? I think that is what the opponents of Prop 8 are saying in the case they have filed. 

It’s an interesting argument that, at least on its face, does seem to have merit. 

I have no idea where this will go. The whole thing might wind its way back to the Supreme Court again. The basic point for now is that the proponents of traditional marriage are not rolling over. That, in itself, is very good news. 

Pennsylvania: Another AG Refuses to Do Her Job

Attorney General Kathleen Kane

Pennsylvania Attorney General Kathleen Kane

 

Kamala Harris has an astral twin in Pennsylvania

Ms Harris is the California Attorney General who refused to do her job when it came to speaking for the people of California and defending Proposition 8 in court. That is why the Supreme Court refused to rule on Prop 8, which let the lower court decision that overturned it stand. 

Now, we have another state Attorney General who says she is going to use the power of her office to aid in overturning a state law by the simple expedient of refusing to do her job. 

“I can not ethically defend Pennsylvania’s version of DOMA,” Pennsylvania Attorney General Kathleen Kane announced at a press conference attended by cheering gay marriage supporters, “We are the land of the free and the home of the brave and I want to start acting like that.”

I’m not sure how an Attorney General can claim that they are “ethically” refusing to do the job they were elected to do with a straight face, much less do it with such grade school rhetoric. 

I am a Democrat, but it’s no surprise to me that this latest la-dee-dah refusal to do the job which is the primary requirement of the office she holds comes from another Democrat. I have a suggestion for Attorney General Harris: If you find the laws of Pennsylvania so reprehensible that you cannot in good conscience enforce them and defend them in court, then do not file for the office and campaign for the job which requires you to do that. 

If Attorney General Harris wanted to be a lawmaker, she should have filed for the state legislature. Then, she could have worked to overturn this statute by acting in the full integrity of her office. However, she did not file for the legislature and she was not elected to that or any other lawmaking body. The office she sought and to which she was elected is the chief law enforcement office of Pennsylvania.

Cops at any level do not make laws and they do not chose which laws to enforce. It’s called separation of powers, and we have it to keep little caesars like this from taking over government. 

These two women have allowed their overweening concern with their own personal opinions to supersede the responsibility they owe the people of their states to do the job they were elected to do. If they were honest rather than demagogues, they would resign these offices on the basis that their consciences would not allow them to do the job in front of them.

To refuse to do their jobs and by so doing to aid in the overturning of a law they are bound by oath to enforce and defend is dishonest, callous, cheap demagoguery that denies the people who elected them the voice in the courts that they promised to give when they ran for election in the first place. 

From Reuters

PHILADELPHIA (Reuters) – Pennsylvania Attorney General Kathleen Kane refused on Thursday to fight a lawsuit brought by the American Civil Liberties Union challenging the state’s ban on same-sex marriage.

The lawsuit is believed to be the first federal case since the U.S. Supreme Court ruled on June 26 that the U.S. government must recognize same-sex marriages in states where it is legal.

Kane, a Democrat who supports same-sex marriage, announced her decision at a press conference in the National Constitution Center in historic Philadelphia.

“I cannot ethically defend Pennsylvania’s version of DOMA,” Kane said, referring to the federal Defense of Marriage Act, overturned by the high court last month.

“It is now the time here in Pennsylvania to end another form of discrimination,” Kane said to a crowd of about 200 supporters gathered at conference, many carrying signs reading “Out for Freedom” and cheering her decision.

“We are the land of the free and the home of the brave and I want to start acting like that,” she said.

By declining to defend the state, Kane effectively tosses the issue to Governor Tom Corbett, who can decide to appoint another state lawyer to the task.

Kane and Corbett, a Republican who opposes gay marriage, are both named in the federal lawsuit that was filed in Harrisburg this week.

The ACLU sued on behalf of 23 people, including potential marriage candidates whose unions would not be recognized under current Pennsylvania law.

The lawsuit asks the court to allow the plaintiffs and all other same-sex couples the right to marry in Pennsylvania, and also asks that the marriages of same-sex couples validly obtained in other states be recognized by the state.

The Hydra-Headed DOMA Decision and Bankrupting the States

We all deserve the freedom to marry

Michigan state law allows health benefits for school employees and their spouses.

It does not allow health benefits for domestic partners.

US District Judge David Lawson struck down this law on June 28. He based his decision on the recent Supreme Court decision overturning the first half of the federal Defense of Marriage Act.

State law determines what benefits public school employees will receive. These benefits are paid for out of the state coffers. One would think that this would be a state’s rights issue, determined by the state’s legal definition of what constitutes a spouse.

However, the recent Supreme Court decision has allowed the judge to overstep state definitions of marriage and require the State of Michigan to extend health care benefits to domestic partners.

According to CNA:

U.S. District Judge David Lawson’s June 28 ruling said it can “never be a legitimate purpose” to deny health benefits to the same-sex partners of public employees. He said the plaintiffs who lost benefits or had to pay for more expensive private health insurance have a “plausible claim” that the law violates the U.S. Constitution.

The 2011 law ended same-sex partner benefits for a few school districts, the counties of Ingham and Washtenaw and the cities of Ann Arbor, East Lansing and Kalamazoo, the Associated Press said.

Defenders of the law said it was passed in the spirit of a 2004 constitutional amendment that defined marriage as a union of a man and a woman. That amendment won 58 percent of the vote.

This, of course, raises other questions for Michigan, and for all states. The Supreme Court decision essentially overturned state definitions of marriage as between one man and one woman, at least for all practical purposes. The Michigan case is just one small example of how far-reaching this Supreme Court decision actually is.

Money down the drain

It will require a change in how the states pay for things such as employee benefits and entitlements. This district court decision pushes the envelope past legal marriages and into the area of domestic partnerships. Since our laws are required to be equal in their applications, that means that it does not just apply to domestic partnerships between same-sex couples, but between virtually anyone.

I realize that is not what the judge specifically addressed in his ruling, but that is the impact of the ruling. It may take a few court cases to make the point, but if this ruling stands up under appeal, that will be its effect in the long term.

The question immediately arises: How are the states going to pay for this? The answer, I’m pretty sure, is that they can’t. Oklahoma is actually in better financial condition than many states, and we would be flummoxed trying to provide benefits for every live-in “domestic partnership.” Of course, the federal government might decide to step in with huge subsidies for these benefits, but that raises the ugly question of how they are going to pay for it.

The only financially responsible answer that provides equal protection under the law that I can see is to either change state laws to redefine marriage to include gay couples and then wait for the next big trendy change allowing polygamy, followed by benefits to cohabiting heterosexuals, OR, do away with benefits for everybody. That is the effect of the Supreme Court’s decision on DOMA on the states.

I have no doubt that in the long run — and I’m talking about years, maybe a decade, but not much longer — where we will end up is doing away with benefits for everyone. It will be a simple financial imperative.

Welcome to the brave new world of marriage is whatever we say it is today.

Even Water Moccasins are Cute When They’re Babies

Even water moccasins are kind of cute when they’re babies.

Kind of.

However, it doesn’t take too long before they turn into fat, stinky, ugly poisonous death dealers that will come at you over the water like they were on patrol.

If they bite you, I guarantee that it will ruin your day, your week, possibly your life.

But they do look harmless when they’re babies. As, I would imagine, do Black Mambas and Gaboon Vipers.

Everything has its harmless-appearing phase. But some things are snakes right from the beginning, and if you take them in and try to cuddle up with them, it’s a matter of time before they teach you the reality of what they are and the damage they can do.

It’s much the same with blind hatred of groups of people. It can seem kinda cute at the beginning, when comedians and quipsters are making funny comments at their targets’ expense. It can even seem a good thing when social custom and the first few laws start the process of tamping down on what seems to the rest of the world as the excesses of behavior of the group in question.

After all, it’s reasonable. And besides, they’re bringing it on themselves.

But somewhere — and it’s not too far — along the line, the baby snake proves that even when it’s a baby it can kill you. Cuddle a baby rattler, and you’ll find out. It’s much the same with hatred of a group of people. Almost before you know it, you’ve tripped over into the dehumanizing concept of they-bring-it-on-themselves so saying-hateful-things-about-them and limiting-their-freedoms-is-reasonable-and-good.

The first serious victim of the poison of prejudice and discrimination is the purveyor of the prejudice, the practitioner of the discrimination. Once you believe it’s ok to hurt people just because, you’ve successfully chipped a bit of the gold-plate off your own goodness and let the cheap clay that’s inside come through.

You damage your own soul long before you begin to really damage the people you decide it’s ok to attack and hate.

I’ve said this a number of times, but the idea seems to float by some of the readers here without latching on and growing roots. Violent persecution is not the beginning of the process. It is the end result. It begins as the cute little snakey thingy of quips, mockery and derision that make up social practice.

I don’t know if it’s a refusal to see, or the concept really is difficult for some people. But life is not just a frozen section we call right now. It is a continuum. In fact, what we call right now is already past when we say the words.

Little hatreds grow into big prejudices, and big prejudices turn into discriminatory practices and laws, which turn into discrimination, which, over time, becomes persecution that leads to violence and ends, ultimately in genocide.

It really is almost like a row of dominoes falling over.

That’s why I find myself scratching my head and wondering “Are they for real?” every time I read a comment saying that, yes, there may be “some” violent persecution of Christians in “other places,” but in America, there is no such thing.

While it’s true enough that Christians are not jerked from their beds and drug into the streets to be beaten, raped and tortured here in America, it is also true that we are being subjected to overt pressure from our government and from social practice to restrict our beliefs to behind closed doors. It is true that what began just a few years ago as trendy criticism, some of which was even true, has, in some quarters, become nasty, Christian-baiting hatred that seeks to intimidate and isolate Christians.

We are faced with an increasing number of regulations and laws that seek to limit Christians in the free exercise of their Constitutional rights.

This is happening in America and in much of the rest of the Western world.

I am putting a brief video below about a street preacher in Britain who was arrested for saying that homosexuality is a sin. It doesn’t matter whether you agree with what he said or not, the question is, does he have the right to say it?  If the same restrictions had been placed on homosexuals a decade or so ago, they would not have been able to conduct their movement.

I would have been up in arms if anyone had arrested a gay activist for saying any of the many wacky things they’ve said down through the years, including when a queen in full drag sang “Your son will come out tomorrow” outside the National Democratic convention a few years ago. They’ve got a right to do this.

And so, if the West is going to continue to have free speech, does this preacher.

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Lumen Fidei: Pope Francis & Pope Emeritus Benedict Co-Author Encyclical

Pope Francis is a pope of firsts. His first encyclical, which was issued today, is no exception.

Lumen Fidei, the Light of Faith, is the first encyclical in history authored by two living popes. This is because Pope Benedict XVI began the encyclical before his resignation, and Pope Francis took it up and finished it.

A pope’s first encyclical is usually taken as a harbinger of the directions he will take with his papacy, in particular the areas of the Gospel he feels called to emphasize in light of the times in which he is living. However, this encyclical, coming as it does from the minds of two popes, is more of a bridge between the two papacies.

I haven’t had time to read it yet, so I won’t try to tell you what’s in it. You can read it yourself by going here. You can also download it to any device that will allow you to download pdfs.

I’m going to print out a hard copy. When I get the time later today, I’ll sit down and read it through. I may not comment until I’ve let that digest for a while.

For now I’ll just say that the Light of Faith is the only light we can walk by in this post Christian world of ours. As for me, I have decided that means I will trust the 2,000-year-old consistent teachings of the Catholic Church to be my lamp.

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Join the Discussions of the Year of Faith

Click here throughout the Year of Faith, as the Catholic Channel at Patheos.com invites Catholics of every age and stripe to share what they are gleaning and carrying away from this gift of timely focus.

Marriage is a Mess and Homosexuals Didn’t Do It Redux

Marriage

I think we need to look to ourselves first when we consider the post Christian society we are entering.

The move to create a system of discrimination against Christians in this country is well under way in the Western world, including America. Christian business owners are being penalized and forced out of the public square by laws that do not allow any exemptions for their faith. Universities and colleges increasingly demand that Christian groups leave campus. Public figures are scolded and harassed if they mention the name Jesus.

We are going to have to chose who we will serve, and we’re going to have to do more than talk about it or make it into a political issue. If we want to follow Christ, we are going to have to follow Christ in the way we live and what we do in our own lives and families.

Before we begin to deal with the mess we are facing in the larger culture, we need to consider our own contributions to how we got here. One of those contributions is the way we have treated our own marriages and our own families. I am going to write a post soon talking about the way we have abandoned our children to the public schools and the larger culture and allowed that culture to shape their values, thinking and beliefs.

But for this day of fasting and prayer for marriage and religious freedom, I will just use a old post of mine to revisit the question of why marriage is such a mess and who is responsible. Hint: It isn’t homosexuals.

Family

I support traditional marriage. I have a public track record and the scars to prove it.

I voted to put an amendment to the Oklahoma Constitution on the ballot that defined marriage as between one man and one woman. I also authored and passed a resolution memorializing Congress to begin hearings on an amendment to the United StatesConstitution doing the same thing. That is as much as I can do to support traditional marriage from my elected position.

It’s not a complicated issue to me, and it has almost nothing to do with what marriage is not. It’s about what marriage is. What marriage is begins with the law. Marriage under the law is and should continue to be a union freely entered into by one man and one woman. But legal definitions are just the scaffolding we use to support the social structures of how we order our lives. The actual edifice, the reality of marriage as it is lived, is something much more complex and important than that legal definition can impart.

We focus our national attention on the definition of marriage under the law. We wear out our keyboards writing about it and revile one another over our positions on it. But despite the accusations and counter-accusations that season our debate, we ignore the home truths of marriage in this country today. The truth is, marriage has been a mess for quite some time. And homosexuals weren’t the ones who messed it up.

Homosexuals didn’t set off the epidemic of divorce in this country. Homosexuals didn’t create the millions of feral children who spend most of their time alone, raising themselves on video games, drugs and interactions with their peers. Homosexuals don’t cheat on our spouses. Homosexuals don’t break into our homes and yell and curse at our families. They aren’t the cause of the rising number of unwed births and the global pandemic of abortion. We did these things. Marriage is a mess and it was heterosexuals who messed it up.

We insist that the legal definition of marriage should be a union between one man and one woman. But we behave as if it says that marriage is a union between one man and one woman at a time.

I know that is tender for many people. I know that divorce cuts people in half and leaves them with broken hearts and shattered lives. I know that some marriages are so bitter, destructive and even violent that they have to end. I know that even if you want to hold the marriage together, sometimes your spouse won’t. I know all this, and it gives me pause writing about these things. I don’t want to pick at half-healed wounds and start them bleeding again.

But the truth is that serial monogamy is NOT monogamy. Serial marriage is not marriage between one man and one woman. And heterosexuals, especially Christian heterosexuals, have a responsibility before God to care for and raise their children, cherish their spouses and build enduring stable homes which can nurture a true family. Heterosexuals who have failed to do this are the root cause of most of the social problems we face today. They, not homosexuals, are the ones who have brought marriage to the sorry state it is in now.

I have a public track record of supporting traditional marriage. I’ve got the scars to prove it. But I think that supporting traditional marriage, especially traditional marriage in the Christian sense, means more than being against same-sex marriage. I think that as Christians we are required to look past what we’re against and find what we are for. It isn’t enough for Christians to be against same-sex marriage. It certainly isn’t enough to do as some have done and whip people up into a rage and then cash in on that rage to advance your political career. That is just cheap demagoguery.

Leadership, especially true Christian leadership, mandates that we don’t just get people worked up against something. We have to lead them forward to something. In the case of marriage, we should be for true Christian marriage and we should live that kind of marriage in our own lives. Christians must be FOR marriage as a loving, giving, living institution that cocoons young children in a world of stability, positive discipline and love so that they can grow up and create loving homes of their own.

The bond between husband and wife, as the Bible says, makes them “one flesh.” This doesn’t refer just, or even primarily, to the physical union of marriage. Sex, apart from this bond of love, is a physical act. But true marriage is a spiritual bond. The deep, life bond of trust and mutual dependence that is marriage nurtures everyone within its reach. Marriage creates not just family, but home. I  do not mean a building where you sleep. Christian marriage creates home that is a refuge from the coldness of modern life.

This isn’t a hypothetical for me. My home and my husband are the living sanctuaries of my life. I could not endure the pressures of being a Public Catholic and all the controversy and criticism that engenders if I wasn’t able to go to my house, shut the door, and be Home.

Marriage is the progenitor of life, family, emotional safety and abiding peace in this life. It is a sacrament, given by Our Lord, to enable us to walk through life together and not alone.

If we are going to “save marriage” in this country, we certainly do need to resist efforts to alter its legal definition. But we also need to begin living the sacramental love and fidelity of marriage with our spouses and within our homes. We need to do this because it is what God intended for us. Marriage is His blessing on our lives and through it we can become blessings to our whole society.

Frank Weathers has another take on this question here.

Pray for Marriage

We are called to a day of fasting and prayer today for marriage and religious freedom. 

I think this is an excellent way for us to clear our minds and settle down into this new post Christian reality in which we live. We can no longer look to the larger culture to teach our children our values. We can no longer look to the society around us to give us courage and sustain us in our Christian walk. 

In this new reality, Christians are going to have to look to one another for their support in this life. We all must rely more on God and less on the government and our larger society to be our strength and our guide. 

I don’t think this has sunk in on most of us yet. Prayer and fasting, repentance and asking, are the best ways for us to begin to face this new reality. 

Here is a prayer from the USCCB. I plan to pray it several times today, along with the Divine Mercy Chaplet. 

Prayer In Defense Of Marriage

 

God our Father, we give you thanks
for the gift of marriage: the bond of life and love,
and the font of the family. 

The love of husband and wife enriches your Church with children,
fills the world with a multitude of spiritual fruitfulness and service,
and is the sign of the love of your Son, Jesus Christ, for his Church.

The grace of Jesus flowed forth at Cana at the
request of the Blessed Mother. May your Son,
through the intercession of Mary, pour out upon us
a new measure of the Gifts of the Holy Spirit
as we join with all people of good will
to promote and protect the unique beauty of marriage.

May your Holy Spirit enlighten our society
to treasure the heroic love of husband and wife,
and guide our leaders to sustain and protect
the singular place of mothers and fathers
in the lives of their children.

Father, we ask that our prayers
be joined to those of the Virgin Mary,
that your Word may transform our service
so as to safeguard the incomparable splendor of marriage.
We ask all these things through Christ our Lord,
Amen.

Saints Joachim and Anne, pray for us.


 


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USCCB: Tomorrow is a Day of Fasting and Prayer for Marriage and Religious Liberty

Tumblr mgmjltaSyG1s3tphho1 500

Bride and groom, praying before their wedding.

I think we’ve exhausted the emotional discussion about Tuesday’s Supreme Court decision.

Now is a good time to turn to prayer. Propitiously, it is still the Fortnight for Freedom and tomorrow is Friday. The American bishops have called us all to a day of prayer and fasting tomorrow for the intention of marriage and religious liberty. For you Protestants out there, “intention,” when it’s used in this context simply means that what you are fasting and praying for is marriage and religious liberty.

Fasting does not mean that you go without food and water. It means that you abstain from eating meat. You can eat fish. You can eat cheese, eggs and other sources of protein. The whole purpose is to exercise a bodily discipline as a form of prayer and penitence.

That word “penitence” brings me to something I think we should all consider, and that is how we have failed personally in our fidelity to Christ. I am going to concentrate to my failings in terms of marriage and religious freedom. I haven’t divorced anyone, and since my religious conversion I have moved ever steadily toward a Jesus orientation on these things. The Catholic Church and its teachings have been both a guide and a source of strength in this regard.

However, I did a lot of things back in my anti-religion period that contributed to the mess we are in now. I’ve repented, gone to confession, been forgiven. But the knowledge that I did them has given me a slightly more generous take on those who are making the same mistakes now that I did then. I know that if God can convert me, he can convert anyone. I also understand that you can’t know what motivates another person to do the things they do.

All you can do is pray for them. That, based on the reaction to a post I wrote earlier this week, is something I think we should all try to do more of. We cannot change the world for Christ by destroying those who do things we see as sinful. We have to convert them. The only way to do that is to remember, always, that they are people in need of God’s love and that the only Jesus some of them may ever see is one of us.

I am asking each of you to join the bishops tomorrow in a day of prayer and fasting for marriage and religious freedom. You might also consider asking God to use you in the battle that lies ahead. But remember: He can not and will not do that unless you yield it all to Him, including your pride and anger. This kind of yielding is not a once for all thing. You have to go back and do it again over and over almost every day you live.

We’ve got work ahead of us, people. It’s not a matter of changing laws so much as it is winning hearts. The best way to do that is to begin by letting God change our own hearts.

Friday Fast for Life, Marriage
& Religious Liberty 
June 28, 2013
St. Irenaeus
Greetings!

Thank you for participating in the Bishops’ Call to Prayer for Life, Marriage, and Religious Liberty! 

 

This week was a big one for marriage. Today’s reflection is on St. John the Baptist, a witness to marriage – to the death.

We’re still in the Fortnight for Freedom, coming into the second week. Remember to visitwww.fortnight4freedom.org for latest news!

  Gray

Intention

For the courage to keep witnessing to the truth and beauty of marriage, the lifelong, fruitful union of one man and one woman.

Reflection

  

St. John the Baptist, whose birth we celebrated on Monday June 24, was a martyr for truth and justice, particularly the truth about marriage. He was put in jail, and ultimately executed, because he rebuked Herod for marrying his brother’s wife, Herodias (see Mt 14:3-12 and Mk 6:17-29). St. John the Baptist’s defense of marriage cost him his head.

In his Angelus address on Sunday, June 23, Pope Francis said of the saint, “He died for the sake of the truth, when he denounced the adultery of King Herod and Herodias. How many people pay dearly for their commitment to truth!”

Today, standing up for the counter-cultural truth of marriage as the lifelong, fruitful union of a man and a woman can be difficult and lonely. But Christ is always with us and asks us to be witnesses of His loving truth, which is worth defending, no matter what the cost. As our Holy Father exhorted the crowd, “Forward, be brave and go against the tide! And be proud of doing so.”

St. John the Baptist, pray for us.

Did you know?

On Wednesday of this week, the Supreme Court struck down part of the federal Defense of Marriage Act (DOMA) and refused to rule on the merits of a challenge to California’s Proposition 8. In a statement, Cardinal Timothy Dolan and Archbishop Salvatore Cordileone called Wednesday “a tragic day for marriage and our nation.” They said, “Now is the time to redouble our efforts” in witnessing to the truth of marriage.

Learn more about Proposition 8 and DOMA from this backgrounder.

Contact Information

Why Did the Supremes Toss Prop 8?

California AG Kamala Harris

If you don’t show up in court, you lose the case. 

It sounds unfair, and it certainly is arbitrary, but that’s usually the way the old cookie crumbles in American jurisprudence.

That, in a nutshell, is why the Supreme Court tossed the Proposition 8 case this morning. One side didn’t show up. Ironically, the “side” of the argument that didn’t show up was the one that is actually legally bound to be there. 

The people of California didn’t get their day in court because their duly elected attorney general decided not to do her job. It really is as simple as that. 

Part of the job of a state attorney general is to represent “the people” in court actions. What that means is that the AG has the responsibility to defend the laws of the state as they are promulgated either by a direct vote of the people in a referendum or by the people’s duly elected representatives in a legislative body. 

The attorney general does not write or pass laws. Their job — let me repeat that — their job is to enforce the laws as they are passed and to defend them in court challenges. When a prosecutor at any level decides not to enforce a law because they disagree with it, that’s dereliction of duty. When they only enforce a law part of the time, that’s selective prosecution. When the chief law enforcement officer of a state refuses to go to court to defend laws that were legally passed either in a legal election or by legislative process simply because they don’t agree with the law, that should be an impeachable offense. 

The reason the Supreme Court ruled that the proponents of Proposition 8 did not have standing in the case was that they were not the duly elected chief legal officer of the State of California. They had no “standing” to speak for the people of California. The person who does have this standing, Attorney General Kamala Harris, and who is the duly elected chief legal officer of the State of California, sat the whole thing out. In fact, she was flying the rainbow flag on her web site. 

It’s up to the people of California what they want to do about this. They were the ones who passed Proposition 8. It’s their vote that has been nullified by the inaction of their own Attorney General. If they’re happy with an AG who overrules them and refuses to do her job just because she doesn’t agree with them, so be it. 

But the next time they go to the polls to vote they might ask themselves what it matters, if the vote of the whole populace of the state can be overturned by one official who simply decides not to do her job. 

For more information on this, check out Why I am Catholic by Frank Weathers. 


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