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So then, brethren, stand firm and hold to the traditions which you were taught by us, either by word of mouth or by letter.—2 Thessalonians 2:15

Sunday, July 19, 2015

Voices in the desert. The Supreme Court and Obergefell v. Hodges. Public archive of responses.

Excerpts—click on author for complete statements/articles.

CHIEF JUSTICE ROBERTS, with whom JUSTICE SCALIA and JUSTICE THOMAS join, dissenting. 

Petitioners make strong arguments rooted in social policy and considerations of fairness. They contend that same-sex couples should be allowed to affirm their love and commitment through marriage, just like opposite-sex couples. That position has undeniable appeal; over the past six years, voters and legislators in eleven States and the District of Columbia have revised their laws to allow marriage between two people of the same sex.

But this Court is not a legislature. Whether same-sex marriage is a good idea should be of no concern to us. Under the Constitution, judges have power to say what the law is, not what it should be. The people who ratified the Constitution authorized courts to exercise “neither force nor will but merely judgment.” The Federalist No. 78, p. 465 (C. Rossiter ed. 1961) (A. Hamilton) (capitalization altered). 

Although the policy arguments for extending marriage to same-sex couples may be compelling, the legal arguments for requiring such an extension are not. The fundamental right to marry does not include a right to make a State change its definition of marriage. And a State’s decision to maintain the meaning of marriage that has persisted in every culture throughout human history can hardly be called irrational. In short, our Constitution does not enact any one theory of marriage. The people of a State are free to expand marriage to include same-sex couples, or to retain the historic definition.

Today, however, the Court takes the extraordinary step of ordering every State to license and recognize same-sex marriage. Many people will rejoice at this decision, and I begrudge none their celebration. But for those who believe in a government of laws, not of men, the majority’s approach is deeply disheartening. Supporters of same-sex marriage have achieved considerable success persuading their fellow citizens—through the democratic process—to adopt their view. That ends today. Five lawyers have closed the debate and enacted their own vision of marriage as a matter of constitutional law. Stealing this issue from the people will for many cast a cloud over same-sex marriage, making a dramatic social change that much more difficult to accept.

The majority’s decision is an act of will, not legal judgment. The right it announces has no basis in the Constitution or this Court’s precedent. The majority expressly disclaims judicial “caution” and omits even a pretense of humility, openly relying on its desire to remake society according to its own “new insight” into the “nature of injustice.” Ante, at 11, 23. As a result, the Court invalidates the marriage laws of more than half the States and orders the transformation of a social institution that has formed the basis of human society for millennia, for the Kalahari Bushmen and the Han Chinese, the Carthaginians and the Aztecs. Just who do we think we are?


Regardless of what a narrow majority of the Supreme Court may declare at this moment in history, the nature of the human person and marriage remains unchanged and unchangeable. Just as Roe v. Wade did not settle the question of abortion over forty years ago, Obergefell v. Hodges does not settle the question of marriage today. Neither decision is rooted in the truth, and as a result, both will eventually fail. Today the Court is wrong again. It is profoundly immoral and unjust for the government to declare that two people of the same sex can constitute a marriage.

The unique meaning of marriage as the union of one man and one woman is inscribed in our bodies as male and female. The protection of this meaning is a critical dimension of the “integral ecology” that Pope Francis has called us to promote. Mandating marriage redefinition across the country is a tragic error that harms the common good and most vulnerable among us, especially children. The law has a duty to support every child’s basic right to be raised, where possible, by his or her married mother and father in a stable home. 

Jesus Christ, with great love, taught unambiguously that from the beginning marriage is the lifelong union of one man and one woman. As Catholic bishops, we follow our Lord and will continue to teach and to act according to this truth.

I encourage Catholics to move forward with faith, hope, and love: faith in the unchanging truth about marriage, rooted in the immutable nature of the human person and confirmed by divine revelation; hope that these truths will once again prevail in our society, not only by their logic, but by their great beauty and manifest service to the common good; and love for all our neighbors, even those who hate us or would punish us for our faith and moral convictions. 

Lastly, I call upon all people of good will to join us in proclaiming the goodness, truth, and beauty of marriage as rightly understood for millennia, and I ask all in positions of power and authority to respect the God-given freedom to seek, live by, and bear witness to the truth.


(T)he United States Supreme Court has ruled that two persons of the same sex have a constitutional right to marry each other. In doing so, the Court has redefined civil marriage. The proposed reason for the ruling is the protection of equal rights for all citizens, including those who identify themselves as gay. The rapid social changes signaled by the Court ruling call us to mature and serene reflections as we move forward together. In that process, the Catholic Church will stand ready to offer a wisdom rooted in faith and a wide range of human experience.

It is also important to stress that the Supreme Court’s redefinition of civil marriage has no bearing on the Catholic Sacrament of Matrimony, in which the marriage of man and woman is a sign of the union of Christ and the Church. In upholding our traditional concept of marriage, we are called to support those who have entered into this sacred and loving bond with God and each other.

This will be especially important for the members of our own Church as we walk together, respectful not only of the political demands of equality, but above all else, guided by the higher claims of divine revelation. Our aim in all of this will be to hold fast to an authentic understanding of marriage which has been written in the human heart, consolidated in history, and confirmed by the Word of God.


Let me unambiguously state at the outset that this extremely unfortunate decision by our government is unjust and immoral, and it is our duty to clearly and emphatically oppose it. In spite of the decision by the Supreme Court, there are absolutely no grounds for considering unions between two persons of the same sex to be in any way similar to God’s plan for marriage and the family. Regardless of this decision, what God has revealed and what the Church therefore holds to be true about marriage has not changed and is unchangeable.

Marriage is not just a relationship between human beings that is based on emotions and feelings. Rather, our Sacred Scriptures and Sacred Traditions tell us that God established true marriage with its own special nature and purpose, namely the good of the spouses and the procreation and education of children.

While taking a strong stand for marriage is the duty of all who call themselves Christian, every type of unjust discrimination against those with homosexual tendencies should be avoided. We must treat these individuals with loving kindness and respect based on their dignity as human persons. Christ rejects no one, but he calls all of us to be converted from our sinful inclinations and follow the truth He has revealed to us. Nevertheless, our continued commitment to the pastoral care of homosexual persons cannot and will not lead in any way to the condoning of homosexual behavior or our acceptance of the legal recognition of same-sex unions.

While some of us may have family members who have same-sex attraction, and there are even some who are members of our local churches, this decision to require the legal recognition of so-called marriage between homosexual persons should in no way lead us to believe that the living out of this orientation or the solemnizing of relationships between two persons of the same sex is a morally acceptable option.


Each U.S. Supreme Court decision that has ever been rendered has resulted in deep disappointment for some people and vindication for others. If we all agreed on the outcomes of these divisive cases, there would simply be no reason for the Court to convene. This most recent decision is no different.

By the same token, every court decision is limited in what it can achieve; again, this one is no exception. It does not change the biological differences between male and female human beings or the requirements for the generation of human life, which still demands the participation of both. It does not change the Catholic Church’s teaching regarding the Sacrament of Matrimony, which beautifully joins a man and woman in a loving union that is permanent in commitment and open to God’s blessing of precious new life.

This judgment, however, does not absolve either those who may approve or disapprove of this decision from the obligations of civility toward one another. Neither is it a license for more venomous language or vile behavior against those whose opinions continue to differ from our own. It is a decision that confers a civil entitlement to some people who could not claim it before. It does not resolve the moral debate that preceded it and will most certainly continue in its wake.


So, the US Supreme Court, relying on what Justice Scalia has called “the mystical aphorisms of the fortune cookie”, has ruled that two persons of the same sex can marry. The only relationship on earth limited to two people of the opposite sex has been gutted of its core identity by our highest judicial body. Words fail. Of course, the Court has not yet reached the end of its marriage line, for yet to come are “marriages” between siblings, parents and children, groups of people, and so on, but come they will, for the corner was turned today, much like the corner was turned on abortion back in 1973—in another ruling never righted. The Court might, of course, from time to time, get some other cases correct, but it clearly cannot be relied upon as a repository of judicial, or even logical, good sense in tumultuous times. The loss is a grievous one for the American body politic. Anyway, I make here two points especially for Catholics.

First, we need to recall that the State has long recognized as married some persons who are not married, namely, when the State allows divorced persons simply to remarry. We have lived with persons in pseudo-marriage for many decades; so now the pool of such people is larger. The pastoral challenges in consequence of this latest decision are greater as will be the sacrifices needed to meet them. But so far—and this is a key point—State power has not been applied to try to force Churches or their faithful to treat as married those who, by doctrine or discipline, are not married. This brings me to my next point.

Second, Catholic doctrine and discipline can never, ever, recognize as married two persons of the same sex, and any Catholic who regards “same-sex marriage” as marriage is, beyond question, “opposed to the doctrine of the Church” (Canon 750 § 2). I am sorry so many Catholics apparently think otherwise and I recognize that many who think that Church teaching on marriage can and should change, do so in good faith. But they are still wrong and their error leads them, among other things, to underestimate how non-negotiable is the Church’s opposition to the recognition of same-sex unions as marriage. The Church (and for that matter our nation) will have great need of Catholics who understand and accept the teaching of Christ and his Church on marriage if the damage done by the Supreme Court today is ever to be repaired. Appreciating the infallible character of this teaching on marriage is the first step.

As for whether we succeed in righting this wrong, that’s not our concern. The question we will be asked at Judgment will be, Did we try?

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We are not just material beings, but spiritual persons with a need for meaning, purpose, and fulfillment that transcends the visible confines of this world. This longing for transcendence is a longing for truth, goodness, and beauty. Truth, goodness, and beauty are called the transcendentals of being, because they are aspects of being. Everything in existence has these transcendentals to some extent. God, of course, as the source of all truth, goodness, and beauty, has these transcendentals to an infinite degree. Oftentimes, He draws us to Himself primarily through one of these transcendentals. St. Augustine, who was drawn to beauty in all its creaturely forms, found the ultimate beauty he was seeking in God, his creator, the beauty “ever ancient, ever new.”―Sister Gabriella Yi, O.P.