Proposition 8 Supporters Re-Open the Case

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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. 

A Government at War with its People: France Legalizes Gay Marriage

Ay 101377277 France legalized gay marriage today. According to a Reuters news report “legions of officers and water cannon stood ready ahead of the final vote,” bracing for pubic reaction. 

The vote came after the Claude Bartelone, President of the French National Assembly ordered the expulsion of a protester. In one of the most ridiculous statements I’ve read in a while, he said, “Only those who love democracy are welcome here.”

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This is not the way to pass legislation of this magnitude. It is also not the way to work for social change. Several states in America have passed gay marriage referendums by popular vote. This has been accepted by everyone, including those who opposed the referendums. States in which the courts or the legislature have tried to impose gay marriage have met resistance. Most of the time, these efforts have been overturned by popular votes.

Gay people certainly do have the right to petition their government for change. However, governments which impose draconian changes in social practice on an unwilling population are not representing their people.

When a government has to call in the police and set up high-pressure water hoses to protect itself from its own people before a vote, it maybe needs to consider that the vote itself is unwise.

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The French politicians who have voted for this measure were elected to their positions, but they are not behaving like representatives of the people. They also, in my opinion, are creating unrest and discord in their country which can only harm it.

American government has made similar mistakes. The Brady Bill of the early 1990s was a mistake because the American people did not want it. I’m not talking about the merits of the bill. I am talking about the merits of government of, by and for the people.

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Roe v Wade was a judicial fiat which stopped the on-going public debate on abortion by imposing a “decision” on the people that they were not ready for. The resulting culture wars have fractured this country and done enormous harm to it. None of this would have happened if the Court had simply let the democratic process in the states work this issue through.

With very rare exceptions (I can think of only one in the history of this country) the people, if they are allowed to do so, can and will work these things out in a manner that allows everyone to live together in harmony. However, when governments begin to impose unwanted solutions to debates that reach into the intimate lives of their citizens in the manner that the French government did today, they harm the country they claim to love. They also step over the boundaries of their moral authority as representatives of the people.

From Reuters:

PARIS (AP) — France legalized gay marriage on Tuesday after a wrenching national debate and protests that flooded the streets of Paris. Legions of officers and water cannon stood ready near France’s National Assembly ahead of the final vote, bracing for possible violence on an issue that galvanized the country’s faltering conservative movement.

The measure passed easily in the Socialist-majority Assembly, 331-225, just minutes after the president of the legislative body expelled a disruptive protester in pink, the color adopted by French opponents of gay marriage.

“Only those who love democracy are here,” Claude Bartelone, the Assembly president, said angrily.

 

Habemus Papem! Pope Francis I: Who is He?

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These are gleanings from various web sites.

Pope Francis I, who was Cardinal Jorge Mario Bergoglio, was born December 17, 1936. He is the 267 pope of the Roman Catholic Church in a line that goes all the way back to the Apostle Peter. He is the first pope from either Argentina or the Americas. 

Reports vary as to whether he chose his name in honor of the Society of Jesus Francis Xavier or Francis of Assisi. He was promoted Cardinal in 2001, and before his election, served the archdiocese of Buenos Aires. He is one of five children. He was ordained to the priesthood in 1959. He was a member of the Society of Jesus (Jesuits.)

Based on what I’ve read, he has a history of supporting Catholic moral teachings in matters concerning the sanctity of human life and the sacrament of marriage.

This article from CNA/EWTN News has more details:

VATICAN CITY (CNS) — A respected Italian journal said Cardinal Jorge Mario Bergoglio of Buenos Aires, a 76-year-old Jesuit, was the cardinal with the second-highest number of votes on each of the four ballots in the 2005 conclave.

The journal, Limes, said its report was based on information that came from the diary of an anonymous cardinal who, while acknowledging he was violating his oath of secrecy, felt the results of the conclave votes should be part of the historic record. 

The journal said it confirmed the diary’s count with other cardinals.

Cardinal Bergoglio, who has also been mentioned as a possible contender in the current conclave, has had a growing reputation as a very spiritual man with a talent for pastoral leadership serving in a region with the largest number of the world’s Catholics.

Since 1998, he has been archbishop of Buenos Aires, where his style is low-key and close to the people. 

He rides the bus, visits the poor, lives in a simple apartment and cooks his own meals. To many in Buenos Aires, he is known simply as “Father Jorge.”

He also has created new parishes, restructured the administrative offices, led pro-life initiatives and started new pastoral programs, such as a commission for divorcees. He co-presided over the 2001 Synod of Bishops and was elected to the synod council, so he is well-known to the world’s bishops.

The cardinal has also written books on spirituality and meditation and has been outspoken against abortion and same-sex marriages.

In 2010, when Argentina became the first Latin American country to legalize same-sex marriage, Cardinal Bergoglio encouraged clergy across the country to tell Catholics to protest against the legislation because, if enacted, it could “seriously injure the family,” he said.

He also said adoption by same-sex couples would result in “depriving (children) of the human growth that God wanted them given by a father and a mother.” 

In 2006, he criticized an Argentine proposal to legalize abortion under certain circumstances as part of a wide-ranging legal reform. He accused the government of lacking respect for the values held by the majority of Argentines and of trying to convince the Catholic Church “to waver in our defense of the dignity of the person.” 

His role often forces him to speak publicly about the economic, social and political problems facing his country. His homilies and speeches are filled with references to the fact that all people are brothers and sisters and that the church and the country need to do what they can to make sure that everyone feels welcome, respected and cared for. 

While not overtly political, Cardinal Bergoglio has not tried to hide the political and social impact of the Gospel message, particularly in a country still recovering from a serious economic crisis. (Read the rest here.) 


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