Will Illinois’ Proposed Gay Marriage Law Violate Religious Freedom?


Will Illinois create discrimination in the name of ending discrimination?

Illinois’ bill redefining marriage to include same-sex “marriages,” is on the governor’s desk, awaiting his signature.

Proponents of the bill say that ti will end discrimination against homosexuals. Others are concerned that a lack of exemptions for individuals and small business owners, including one-owner businesses, will allow coercion and a violation of these citizen’s basic right to religious freedom.

One thing that is commonly (and I think, deliberately) overlooked in discussions of this issue is that religious freedom and freedom of conscience are basic human rights.

From The Chicago Tribune:

Illinois’ gay marriage bill that awaits the governor’s signature doesn’t force religious clergy to officiate at same-sex weddings or compel churches to open their doors for ceremonies. But similar safeguards aren’t spelled out for pastry chefs, florists, photographers and other vendors who, based on religious convictions, might not want to share a gay couple’s wedding day.

The lack of broader exceptions worries some who fear an erosion of religious freedoms, even as supporters of the law say it will eliminate discrimination.

“We’re going to have to wait for lawsuits to arrive,” said Peter Breen, an attorney with the Thomas More Society, a socially conservative legal group.

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ENDA and Bully Politics


The United States Senate is quietly passing a law, known by the acronym ENDA, (Employment Non-Discrimination Act) that will place homosexuals in the same protected class as African Americans.

Personally, I am in favor of civil rights for gay people. They have the right to live their lives as they chose and to love whomever they want. They definitely should not be subjected to unjust discrimination. Homosexuals are human beings and American citizens.

However, I want the laws we pass to be just for everyone. Laws that seek to create a super category of citizen whose rights trump those of other citizens are, on their face, unjust laws. I am particularly concerned about issues of religious freedom.

I am also concerned about the way that Congress approaches legislation these days. I would wager that there are two incentives behind this particular bill. One is to pass a “hero deal” for the gay rights community. The motive for his is to pull gay activists and their dollars even closer to the Democratic Party. The other is to force the Republican House to either pass the bill and thus enrage a large part of their own base, or to kill and it and thus motivate the Democratic base.

One thing I’m reasonably sure is not under serious consideration is the impact ENDA would have on the lives and freedoms of ordinary Americans. I doubt if the question as to whether or not this is a good piece of legislation has been seriously discussed in the halls of Congress by either side of the debate.

According to a letter that the United States Conference of Bishops sent to members of the United States Senate, this proposed law would threaten religious liberty, support the redefinition of marriage, and reject the biological definition of gender. Those are serious charges, which should open the legislation for debate and amendment.

In the current climate, it is a stand-up action for the bishops to speak against this legislation. They, the Church, and faithful Catholics along with them, will be excoriated and called bigots and worse for having the temerity to suggest that the language of this legislation is flawed and too one-sided.

All this raises a couple of questions. First, is every piece of legislation that the gay rights community supports, by definition, good legislation that should not be debated, amended or critiqued for its content? Second, is expressing concern about bad language and specific components of a piece of legislation that is supported by gay rights advocates automatically, and by definition, an act of bigotry?

Have we reached the point where people of good will are unable to discuss legislation on its merits because of the mindless rhetoric and name-calling that is used to promote it?

I have the impression that Congress has moved past being a deliberative body and entered the arena of bully politics and don’t-read-the-bill-it-will-only-make-it-harder-to-vote-for-it.

I’ve done some of this myself, so I know a little bit about the emotions that push it. When a powerful special interest group wants something, every law-maker knows that the political price of opposing it will be terrible. If the special interest — in this case, gay rights advocates — wants something, and they are known for being a group that can turn on a dime and attack with intent to destroy in a personal way anyone who opposes them, the stakes grow higher.

If the special interest in question is also one that a law-maker has supported and been supported by in the past, the hill to climb to vote against or even amend a piece of legislation the special interest wants becomes a job-losing mountain.

Hence, the motivation to not read the bill. It’s easier to vote for a bad bill if you don’t read it or think about it or let yourself listen to requests to revise it.

I imagine the bishops would be happy to support a piece of legislation that addressed genuine discrimination against any group of people, and certainly something that addressed genuine discrimination against homosexuals.

It is truly a shame that Congress no longer deliberates about the legislation it passes, but just lines up the votes according to political consideration and then rams things through to see if they will hurt the opposing party in the next election.

I miss Congress. Congress matters.

Here is a copy of the letter issued by the USCCB concerning this law.


Bishop s end letter

Bishop s letter 2

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Why Do Non-Catholics Want So Desperately for the Catholic Church to Change Its Teachings?


Why do non-Catholics want so desperately for the Catholic Church to change its teachings?

It’s fascinating, the amount of emotion at least some non-Catholics seem to have about Catholic teaching. I can tell you that when I was in the anti-God period of my life, I did not give one whit what any church taught. I paid them the ultimate diss of not giving a care.

But from what I’ve seen on this blog, there are a large number of people who claim to be atheist or some what-not version of what I was in my anti-God period, who appear to think about Christianity, the Catholic Church in particular, 24/7. They appear to be, in a word, obsessed with the minutiae of Catholic teaching.

If you doubt this, go to some of the atheist blogs. All they ever talk about is God, Christian teaching, and the Bible.

There are a few issues in particulate that really rev their engines. They are:

  • Who gets to take communion in Catholic Churches (which they insist, even while they debate this endlessly, is just a superstition and a wafer.)
  • Why the Church won’t affirm gay marriage.
  • Why the Church won’t say it’s ok for them kill people they want to kill (the unborn, the elderly, disabled, etc.)

When someone confronts them with the obvious inconsistency implied in their obsessive demands that a Church they claim is a stupid cult alter teachings that they claim are based on a myth, they start denouncing Catholics for using their rights as American citizens to vote and advocate according to their consciences.

It’s as if it offends them that Catholics have the same rights to vote, free assembly and to petition their government as other citizens. I suppose it’s true that it does offend them. Because one takeaway I get from reading the comments from most (not all, there are a couple of clear exceptions) of these people is that they are, at base, bullies.

I also think that the core reason they keep coming around here to drop off their load of insults (most of the truly insulting ones never see the light of day on this blog) is that they are either mental on some level, or, whether they will admit it or not, they are God haunted people who desperately want what the Church offers, which is peace with God, eternal life and a spiritual home. It’s just that they can’t bring themselves to go to God on God’s terms. They want Him — meaning His Church — to come to them on their terms.

These are people who refuse to be forgiven for their sins. What they want is to have the Almighty ratify their sins. They are obsessed with finding, not absolution, but vindication, from a Church they claim they believe is a fraud.

However, that’s just my reaction. Yours may be different. I’m going to throw this open for discussion.

Why do you think nonbelievers are so obsessed with the Catholic Church?

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NM Supreme Court Rules that the Last Living Wedding Photographer in the State Must Photograph Gay Weddings


In a move that should surprise no one, the New Mexico Supreme Court has ruled that Elaine Hugenin and her husband Jon must do wedding photos for same-sex marriages.

The couple, who own Elane Photography, declined to do wedding photos for a two-woman commitment ceremony in 2006, saying that their Christian beliefs conflicted with the message of the ceremony. The state’s supreme court ruled earlier this month that New Mexico’s non-discrimination laws trump the couple’s right to freedom of conscience.

This, once again, tosses the slogan bandied about by gay marriage supporters, If You Don’t Favor Gay Marriage, Don’t Get Gay Married in the ash can, alongside, the Who Does It Harm? canard.

In truth, forcing people to do things that are against their faith is not a benign action. Using the law to coerce people to violate their deepest moral beliefs — beliefs which have been standard throughout the Western world for 2,000 years — based on what is essentially a social fashion, should be repugnant to anyone who believes in the dignity of the individual human being and their right to free will.

The only other explanation I can think of for going to such extremes to compel this couple to violate their faith is that the Hugenin’s must be the last living wedding photographers in the state of New Mexico.

According to Catholic News Agency:

Scholar Ryan T. Anderson, writing in National Review Online, said the Aug. 22 decision “highlights the increasing concern many have that anti-discrimination laws and the pressure for same-sex marriage will run roughshod over the rights of conscience and religious liberty.”

“If marriage is redefined, then believing what virtually every human society once believed about marriage — that it is the union of a man and a woman ordered to procreation and family life — would be seen increasingly as an irrational prejudice that ought to be driven to the margins of culture. The consequences for religious believers are becoming apparent.”

Read the whole story here.

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“If You Don’t Like Gay Marriage, Then Don’t Get Gay Married”


If you don’t like gay marriage, then don’t get gay married.

That’s how the slogan goes.

But … who really believed they meant it?

Not, evidently, the Church of Scotland. The Kirk, as it’s called, is considering a move to discontinue performing marriage services “rather than face a slew of lawsuits from homosexual couples demanding to be wed.”

Read about it here.

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India: Faith Grows Among Persecuted Christians in Orissa


We have been faced lately with the defection of a number of highly-placed American Christians on serious matters of faith.

In particular, there has been a large retreat among political and intellectual Christian leadership on the question of the sacrament of Holy Matrimony. They are either tossing marriage out the door altogether, or they are, as I was once counseled concerning abortion, urging the rest of us to leave our beliefs at home or inside our houses of worship.

I’m not talking about one, specific, runner. I’m talking about a whole group of people who have grown fat off denouncing other people for not supporting the very values they are now running from themselves. Excuse me please if I won’t go along with their self-serving patter.

But I’m not going to.

I think they’re self-serving phonies.

I also think that they should consider persecuted Christians around the world who are holding fast to the cross in the face of horrific suffering.

A case in point is the persecuted Christian population of Orissa, India. Archbishop John Barwa of Cuttack-Bhubaneswar (Orissa, eastern India) says,

“Faith in Orissa is growing because of the persecution. This mission, in the face of violent persecutions, has become the focus of religious and priestly vocations.”

Consider, for a moment, what sincere Christians face in India. According to Archbishop Barwa,

… the district of Kandhamal, where the majority of Catholics of the Archdiocese live, has faced untold persecution”. The highest point were the pogroms of 2008: “During the persecutions, there was an ethnic cleansing of all Christians in 400 villages, more than 6,000 houses, 340 churches and chapels, clinics and schools were burned and destroyed. Thousands of believers were injured, several women and girls, including a nun, were raped and about 60,000 men, women and children were left homeless”. The Bishop recalled that 75 Christians (22 Catholics, 28 Baptists, 12 Pentecostals, 5 of independent churches) and 8 non-tribal Christians were brutally murdered.

The text continues: “Five years after the persecutions, visiting the affected communities, the faithful say to the Bishop: the persecutors burned our houses, property, and killed our loved ones, but they did not manage to destroy our faith and cannot separate us from the love of Jesus Christ .We are proud to be Christians and proud of our faith”. Words and actions of this kind “are clear signs of growth in faith. They may be poor and illiterate, but rich people of faith”, he comments.
The Archbishop explains that still there is no guarantee that persecution will not be repeated: “We live trusting in God and making every effort, as individuals and communities, to build peace in Kandhamal, but we surrender to God and say: Let there be your will”.

He goes on to describe what I believe is beginning to happen here in the “Christian” West when he says, “Each growth is a process that requires pruning, trials and suffering.”

The devil is collecting the low-hanging fruit with the runners who are running away from traditional marriage in America today. These folks don’t need persecution to make them tuck tail and skeedaddle. If you stop and think about it, they’ve never really talked about following Jesus. Their focus for decades has been on denouncing other people. They haven’t urged us to live by our faith or even to bring people to Christ. Their entire focus has been on manipulating us into believing that being a Christian was summarized by how we vote.

The purpose of all this wasn’t our souls or the conversion of our culture. It was their power.

All they needed to switch horses on these issues they were pushing in lieu of actual Christianity was for the manipulations to stop delivering enough votes to give them the power. They are switching — and trying to get us to switch along with them — on 2,000 years of Christian teachings because denouncing people over those teachings has stopped being profitable. The minute they see the money is leaving the fight, they leave the fight right behind it.

Christianity is growing in India because the Christians there are following Christ.

Cowardice and Christianity don’t mix. Opportunism and political manipulations don’t mix with Christianity, either.

They never have.

Christianity was so ascendent here in the West that its popularity covered for the manipulators and cowards in our midst. But things are changing. Faithfully following Jesus is beginning to be a career breaker, rather than a career maker.

We shouldn’t be surprised when people who were only pretending to follow Jesus in the first place fall away under these circumstances. It is inevitable.

I am humbled by the persecuted Christians in our world today, those in Orissa among them. I know that God holds them close, because I know that none of us has the courage to stand toe to toe with satan incarnate and not run unless the Holy Spirit is empowering them.

We need to help our persecuted brothers and sisters in Christ in every way we can, including by praying for them every single day. I hope they in turn will pray for us.

Because their prayers avail much.

Because they walk with God.


The link to this article is courtesy of reader Fabio.

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Ding! Ding! Ding! And We Have a Winner!



The Christian Bashers Defense team has pretty much taken over the comboxes on my recent post Constitutional Rights for Me, But Not for Thee. 

They are as predictable as mosquitoes. Just say something really true about their behavior, and they show up, armed to buzz bomb you until you go inside and close the door.

In this instance, I asked the simple question: Do Constitutional rights apply to Christians the same as everybody else?

The answer should seem obvious. But of course it’s not. The reason it’s not is the bullies who want to limit other people’s rights always get mad and deny what they are doing when someone calls them on it. They do it every single time.

We’re all supposed to join them in their pretense that there’s nothing discriminatory or offensive in their attempts to drive Christians from the public square. No one is supposed to challenge their idiotic pretense that using government controls to limit the free exercise of religion in this country is actually a push for freedom, instead of the tyranny that it is.

If we can’t be agree with them, they want us to sit down and be quiet and stop contradicting them. If we don’t, well then, they’ll scream and shout until everybody gives up and lets them have the day.

It has always been thus. People who do things like this always deny it, and they always get mean when someone calls them on their facile denials.

That’s why this particular post ended up being dive-bombed by a whole troupe of angry combox mosquitoes. Even though the readership of this blog is heavily — and I mean heavily – Christian, the Christian defenders were outnumbered. In fact, only three stalwart souls tried to stand up for Christ in these arguments. In the end, it got down mostly to one stubborn Christian, who is hanging in there to this very moment.

For all that, this lone fellow managed to push the whole mosquito assault into a slow unwinding of their lies until, one of them just came out with it.

And I quote:

No one is forcing anyone to do anything. And no one is driving anyone out. But if it does not believe it can conscientiously comply with the law, the Catholic Church can sell its hospitals, schools, universities and charity organizations. And the church and its members have the right to protest and encourage that the law be changed.

Of course, that would dramatically change the face of the church in the United States.

And then the commenter goes on, blah, blah, blahing with a lot of stats (which may or may not be accurate. I haven’t checked.) about the Church’s holdings.

How about that? Not, mind you, that forcing the largest denomination in the country to “sell its hospitals, school, universities and charity organizations” if it won’t violate its 2,000 year-old religious teachings due to government demands that it do so might be …  ummm …. a slight violation of the principles of that fictional “wall of separation between church and state” of which militant atheist are so proud. Also, not that it might be an outright dismissal and abrogation of religious freedom as defined in the Bill of Rights. Nor that it might be just a wee bit of outright tyranny.


It’s just deserts for those who have the temerity to think that their individual rights as free Americans amount to a hill of beans to the post Christian, militant secularist demands for moral conformity (with moral being defined by them and them alone) that must govern us all.

I want to remind you that this is about birth control and abortifacients. Nowhere that I know of is there a Constitutional right to free birth control and free abortifacients. Also, nowhere that I know of is there a Constitutional right to force other people to pay for your birth control and abortifacients, even, or in this case, especially if it violates their religious beliefs to do so.

There is, however, a pretty strong Constitutional right to the free exercise of religion. Not even President Obama is debating that. What he’s trying to do is re-define this Constitutional Right to the free exercise of religion along the lines of how it is defined in Communist dictatorships. He wants to say that freedom of religion is actually just freedom of worship and that only in governmentally prescribed “houses of worship.” And, oh yes, behind the closed doors of your own house.

It takes a combox firebrand to just come out and say what all this truly means and where it leads. It is leading to stripping the Church of all its “hospitals, schools, universities, and charity organizations” in what would certainly amount to a fire sale. It means driving the Church out of public life, totally and absolutely.

There’s nothing dishonest about what this person said. In fact what’s powerful about it is that it is the truth of where we are heading. It is exactly where we are going if this tyrannical abuse of the freedoms of Christians as citizens of the United States is allowed to continue.

If the Obama administration succeeds in redefining religious freedom in these terms, it will  have destroyed the First Freedom of the American people.

And all this so that it could bend this country over and bow it down to the little g gods of abortion and death.

I want to thank the strong-hearted Christians who have hung in there during this debate. I encourage some of the rest of you to get in the game along with them. Standing up for Jesus is not a spectator sport. We all need to do it.

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Sisters of Life

The Sisters of Life are a new order. Their charism is a response to the evils of our times. I can think of no work more needed than theirs.

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Shacking Up, Gay Marriage and Now Wed Leases: Is Marriage as the Larger Culture Lives It Dead?

Shacking up, gay marriage and now wed leases.

Given all this, I’m inclined to say as so many people do these days Why bother?

A reader sent me a copy of the Washington Post opinion piece excerpted below. The author, who is a divorce attorney, suggests that, given today’s revolving door marriages, we just set up marriage as a lease arrangement and forego all that “til death do us part” nonsense at the get-go. He sees it as a simplification of the court-laden bitterness of today’s divorce culture.

My first thought was that the guy deserves a couple of stars for innovative thinking and his willingness to legislate himself out of a job. But then I thought that he’s probably as sick of doing divorces as every other attorney I ever met. Setting up wed leases for his clients (His suggestions would require quite a bit of personalized legal tailoring for each couple.) would probably end up being, if not as lucrative as a high-dollar divorce, still a good living for an attorney, and without the need to Xanax.

So, I guess he’s not being entirely selfless.

However, he has put his finger on the truth of what is happening in our society.

We’ve trashed marriage to the point that it no longer means much of anything. Gay marriage is the end of marriage as a legitimate institution. Now the flood gates on redefining marriage are open and you can bet that a lot of garbage is going to trot through them. Of course, none of this would have happened if heterosexuals hadn’t trashed their marriages (and their kids, homes and finances along with their marriages) for so many years.

Christians who want to follow Jesus instead of the world are going to have to make a decision about their marriages. Are they entering into Holy Matrimony, which is a life-long union on which God rains down sacramental graces? Or, are they entering into an elastic “so long as we both dig it” legal contract endowed by the state with nothing much but a lot of misery and legal gas?

The truth is, marriage, as it is practiced today has nothing — and I mean nothing — to do with the sacrament of Holy Matrimony as Jesus created it and as the Church has provided it for 2,000 years.

Which is it Christians?

Have you and your spouse entered into a Covenant before God Almighty that bonds you together in sickness and health, for richer and poorer until death does you part? Or are you just play-acting with some legally created contract that you can breach or nullify anytime there is sickness or poverty or you just don’t feel like it today?

For centuries, the legal definition of marriage corresponded closely enough to the Christian understanding of Holy Matrimony that the two could function almost as the same thing.

No more.

In today’s brave new world, “marriage” is a legal construct. At best, it is a contract. At worst, it is a sham. Many times it is both — a sham contract.

Holy Matrimony, at least as the Catholic Church and some other denominations do it, remains unchanged. Outside of those churches that still treat marriage as the life-long Covenantal relationship between a man and a woman that God intended, there is no Holy Matrimony in our society today.

Christians who want to follow Jesus are going to have to learn to make this distinction, first in their own lives, and second as they regard the “marriages” in the wider world. There are things that redefining the law cannot change, and this is one of them.

True marriage, which, to distinguish it from the legal contracts of the wider society, I have decided to call Holy Matrimony, is a sacrament instituted by Our Lord Jesus Christ.

It is up to you, my Christian brothers and sisters, if you want to be married in the eyes of God in Holy Matrimony, or you want a legal contract for sex and shared finances. If you want Holy Matrimony, then you must begin with the Church as the cornerstone of your marriage. By that I mean you must be married in the Church and you must make Christ the head of your home.

I do not think it will be possible for Christians to be the light the world so badly needs if we continue down this path of half Christian/half worldly.

More and more the world itself is demanding that we, as Joshua demanded thousands of years ago, choose this day whom we will serve.

Choosing to follow Christ begins in the individual heart, and it is first acted out in the home. The creator of home is Holy Matrimony.

Everything else is dead legalism.

From the Washington Post:

We all know that far too many marriages end in divorce, yet this institution does not adapt. Indeed, most Americans today want to expand conventional marriage to include same-sex couples.

So why is there no effort to improve the legal structure of marriage, when it shows itself to be deficient?

Marriage is a legal partnership that lasts a lifetime — one lifetime to be exact, that of the first of the spouses to die. Generally speaking, that is a long time for any partnership. People, circumstances and all sorts of other things change. The compatibility of any two people over decades may decline with these changes to the point of extinction.

In real estate, one may own a life estate in a piece of property. This is comparable to the term of a marriage — a lifetime. And in real estate, one may hold possession of property for shorter terms through a lease.

Why don’t we borrow from real estate and create a marital lease? Instead of wedlock, a “wedlease.”

Here’s how a marital lease could work: Two people commit themselves to marriage for a period of years — one year, five years, 10 years, whatever term suits them. The marital lease could be renewed at the end of the term however many times a couple likes. It could end up lasting a lifetime if the relationship is good and worth continuing. But if the relationship is bad, the couple could go their separate ways at the end of the term. The messiness of divorce is avoided and the end can be as simple as vacating a rental unit.

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Short-Circuiting the System to Play Elected Dictator


Prosecutorial discretion.

Now there’s a nice phrase.

Another phrase that’s almost synonymous with prosecutorial discretion is selective prosecution. One is considered a sometimes valid, if often abused, tool in the prosecutorial toolbox. The other heads off into the dark hinterlands of overt discrimination and flat-out corruption.

From what I’ve seen, selective prosecution is closely aligned with those other destructors of justice: subornation of perjury and tampering with the evidence.

Taken together, these little prosecutorial peccadilloes have the ability to overturn our justice system and make it into a tyranny.

Prosecutorial discretion, when mis-used for political demagoguery, can easily become a means of blocking the system and turning the whole legislative/judicial process into a sham. Prosecutorial discretion aligned with political demagoguery is so close to selective prosecution that it’s difficult to differentiate between them.

My colleague, Leah Libresco, chimed in on the question of prosecutorial discretion yesterday with a fine post on the behavior of two elected officials. These two people are at the opposite ends of the ideological spectrum on what they are demagoguing about, but their misbehavior is based on an identical misapprehension of the powers of their office.

One is Kathleen Kane, the Attorney General of the State of Pennsylvania. Attorney General Kane announced a few weeks ago that she would not do the job the voters of the state of Pennsylvania elected her to do. She would not defend the state’s law defining marriage in court. Why? Because she doesn’t agree with the law. She seems to think that the law is immoral.

Her announcement was greeted by cheers from gay rights activists and uncomprehending silence from most of the citizens she betrayed. Attorneys General have gone about the business of doing their jobs for so long that most people just take it for granted that they will do them. In fact, a lot of people don’t really understand that when an attorney general flat-out refuses to do their job in this way, it is, and should be, an impeachable offense in most localities.

The other is a sheriff in Baton Rouge Louisiana who has been arresting homosexuals for violation of what sounds like the state’s anti-sodomy law. The Supreme Court overturned this law in 2003. I would guess that the sheriff didn’t agree with this decision. He may very well mirror Attorney General Kane by thinking that the decision is immoral.

This debate about where personal morality ends and the responsibilities of office begin is not nebulous. It also does not apply to employment situations such as whether or not a pharmacist is required to fill prescriptions for RU486, a nurse should be required to assist in an elective abortion or a florist must sell flowers for a gay wedding. But it applies absolutely to elected officials.

The difference — and it is an enormous difference — is between ordinary employment and elected office. An elected official who refuses to fulfill the requirements of their job or who deliberately oversteps the limits of their powers, is violating a public trust. They are violating the Constitutional privilege to hold office and execute the powers of the people in the name of the people.

Public office is not mere employment. It is the indispensable ingredient of the smooth functioning of a just and stable government. As such, it is incumbent on every and all elected officials to do their jobs to the best of their abilities and not the abuse the powers of their office.

I react to both the situations described above, not, as Leah did, as a philosopher, but as an elected official who has been charged with fulfilling the duties of office for 18 years. I understand several key things that proponents of these two elected officials’ actions won’t accept.

First, law enforcement, from top to bottom, is not law making. Law enforcement enforces laws. It does not write them. If Attorney General Kane wanted to work to overturn Pennsylvania’s marriage law, there were many options open to her, including running for election to a law-making position. Since she is an attorney, she might also have considered not running for office at all and filing cases against the law, maybe doing it pro bono.

An Attorney General is not supposed to even take positions on the laws which they are sworn to defend and uphold. By that I mean that she should not be out making stump speeches against such laws — or for them, for that matter. Her job, and I keep saying this, but nobody seems to hear me, her job is to uphold and defend the laws of the State of Pennsylvania.

This is especially grave since, like all elected officials, she is the only person in her jurisdiction (in this case, the entire state of Pennsylvania) who holds the power of her office. If she refuses to do her job, the job can not be done by anyone else.

This is equally true of the sheriff in Baton Rouge. As an elected official, he is the only sheriff in that jurisdiction. No one else can do his job. Also, he is not a law maker or a law interpreter. He is a law enforcer. The decisions about what laws he should enforce are made by Congress, the legislature and the courts.

Elected office is a privilege, not a sentence to be served. If any elected official finds that they cannot in good conscience perform the duties of their office, they have the free right to resign at any time.

Leah Libresco used a quote from a play and movie about my patron saint, St Thomas More, in her analysis. Thomas More was the Chancellor of England. Despite the enormity of this position, he resigned when his conscience would no longer allow him to discharge his duties as the King demanded. This is a good example for all of us who hold office.

If Attorney General Kane can not in good conscience do the job that her office requires of her, she has the clear option of resigning. What she does not have is the option of refusing to do her job and thereby depriving the people of Pennsylvania of the legal representation they are Constitutionally entitled to.

I am glad that Leah found this example giving the other side of this argument. Maybe it will help clarify what is at stake for those people who are so enthralled with their particular advocacy that they are willing to support overturning the very structure of government that gave them the right to advocate in the first place.

From Unequally Yoked:

I’m a little troubled by the way same-sex marriage is becoming de facto legal in Pennsylvania.  When I was having SCOTUSblog parties back in June, I found the reasoning based on standing kinda messy.  If a law is challenged, it seems like the appropriate state officials should be obligated to defend it.  Ducking it seems like a odd kind of de facto veto.  And not a proper civil disobedience-y one, a la Mayor Jason West of New Paltz, who conducted then-illegal marriages and was charged for it.

And now this is playing out in Pennsylvania.  The PA Attorney General Kathleen Kane declined to defend her state’s ban on same-sex marriage, and it’s unclear who will pick up the baton, or if anyone will be left with standing to do so.  The proper way to overturn laws is repeal or, if they’re actually unconstitutional, letting them have their day in court.  Not short-circuiting the system over a conscience objection.


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