For the first time since last summer’s Supreme Court decision in U.S. v. Windsor, marriage advocates won a marriage case in federal court. In the case of Robicheaux v. Caldwell, the U.S. District Court for the Eastern District of Louisiana ruled that Louisiana’s marriage amendment defining marriage as the union of one man and one woman and disallowing the recognition of valid out-of-state same-sex “marriages” does not violate the U.S. Constitution.
Regarding the federal court decisions striking down state marriage laws, Judge Feldman said: “The federal court decisions thus far exemplify a pageant of empathy; decisions impelled by a response of innate pathos” (p. 26 of the opinion, available in full here).
He goes on to say: “Perhaps that is the next frontier, the next phase of some ‘evolving understanding of equality,’ where what is marriage will be explored. . . . For example, must the states permit or recognize a marriage between an aunt and niece? Aunt and nephew? Brother/brother? Father and child? May minors marry? Must marriage be limited to only two people? What about a transgender spouse? Is such a union same-gender or male-female? All such unions would undeniably be equally committed to love and caring for one another, just like the plaintiffs. Plaintiffs’ counsel was unable to answer such kinds of questions; the only hesitant response given was that such unions would result in ‘significant societal harms’ that the states could indeed regulate. But not same-gender unions. This Court is powerless to be indifferent to the unknown and possibly imprudent consequences of such a decision. A decision for which there remains the arena of democratic debate” (pp. 27-29).
Please see the USCCB media release, quoting Archbishop Cordileone!
A Tennessee state trial court on August 5 upheld Tennessee’s non-recognition of a valid out-of-state same-sex “marriage.” This is the first win for marriage in court since U.S. v. Windsor.
In his decision, the judge said, regarding the definition of marriage: “The Court also finds that this should be the prerogative of each State. That neither the Federal Government nor another state should be allowed to dictate to Tennessee what has traditionally been a state’s responsibility, which is to provide a framework of laws to govern the safety and wellbeing of its citizens.” Regarding Windsor, the judge said, “The Windsor case is concerned with the definition of marriage, only as it applies to federal laws, and does not give an opinion concerning whether one State must accept as valid a same-sex marriage allowed in another State. . . . The Supreme Court does not go the final step and find that a State that defines marriages as a union of one (1) man and one (1) woman is unconstitutional.”
Yesterday, U.S. Senator Mike Enzi (R- Wyo.) and Representative Mike Kelly (R- Pa) introduced the Child Welfare Provider Inclusion Act. This Act is meant to protect organizations who provide child welfare services, such as foster care and adoption, when they have convictions that a child should only be placed with a married mother and father. Currently, a number of organizations are unable to be of service because of their beliefs about marriage.
Three USCCB Chairmen (Archbishops Cordileone, Lori, and Wenski) gave their support to this bill, noting that, “Indeed, women and men who want to place their children for adoption ought to be able to choose from a diversity of adoption agencies, including those that share the parents’ religious beliefs and moral convictions.”
The Pennsylvania Catholic Conference also indicated their support for the Bill, noting, “In 2012, Catholic Charities helped complete over 3,000 adoptions and foster care placements, including permanent homes for over 1,600 special needs or “hard-to-place” children. By allowing a diversity of providers through the Inclusion Act, we will be putting the needs of children first and also protecting the religious liberty of long-serving child welfare providers.”
The Bishops have called us to join once again in praying for religious liberty in the Fortnight for Freedom! Check out the video: http://bcove.me/7lk73omo
Please read the Oregon Catholic Conference’s response to the ruling redefining marriage on May 19, 2014.
Reflection: “Pope Francis has observed that ‘religion [cannot] be relegated to the inner sanctum of personal life, without influence on societal and national life.’ …Every Christian is called to practice charity in a manner corresponding to his or her vocation. Some Catholics, like the Little Sisters of the Poor who run nursing homes for the elderly poor, devote their entire lives to helping others and embrace a vow of poverty themselves” (Archbishop Kurtz).
Yet the HHS mandate compels objecting employers to provide coverage for drugs and devices which are against their consciences and threatens the ministries of the Little Sisters of the Poor and many others.
As this and many other lawsuits progress, let us continue our prayer efforts for the protection of the religious freedom so we may practice charity and live out our faith without penalty.
Did You Know? This Tuesday, the Supreme Court heard oral arguments in two cases brought by families who are seeking protection of their religious freedom.
Archbishop Joseph Kurtz, president of the U.S. Conference of Catholic Bishops, shares comments in his op-ed, “Will the Owners of Hobby Lobby Have to Check Their Faith at Their Own Door?”
February 23, 2014
Before creating 19 new Cardinals yesterday, Pope Francis addressed the College of Cardinals on Thursday morning and introduced their topic of discussion during the Extraordinary Consistory.
“During these days, we will reflect in particular on the family, which is the fundamental cell of society. From the beginning the Creator blessed man and woman so that they might be fruitful and multiply, and so the family then is an image of the Triune God in the world.”
Pope Francis continued, “Our reflections must keep before us the beauty of the family and marriage, the greatness of this human reality which is so simple and yet so rich, consisting of joys and hopes, of struggles and sufferings, as is the whole of life. We will seek to deepen the theology of the family and discern the pastoral practices which our present situation requires. May we do so thoughtfully and without falling into ‘casuistry’, because this would inevitably diminish the quality of our work. Today, the family is looked down upon and mistreated. We are called to acknowledge how beautiful, true and good it is to start a family, to be a family today; and how indispensable the family is for the life of the world and for the future of humanity.”
-Address of Pope Francis to the Extraordinary Consistory, February 20, 2014 (bold added)
Archbishop Cordileone: Marriage Protection Amendment to the U.S. Constitution is needed
Amendment is only remedy against judicial activism
Elemental truth of marriage deserves highest protection in law
February 19, 2014
WASHINGTON—Expressing strong support for the federal Marriage Protection Amendment (H. J. Res. 51) introduced by Rep. Tim Huelskamp (R-KS) in the U.S. House of Representatives, Archbishop Salvatore Cordileone of San Francisco said, “The amendment would secure in law throughout the country the basic truth known to reason that marriage is the union of one man and one woman.” Archbishop Cordileone , chairman of the U.S. Conference of Catholic Bishops’ Subcommittee for the Promotion and Defense of Marriage, made the comments in a February 19 letter of support to Rep. Huelskamp.
Referencing recent federal court decisions striking down a number of state marriage laws, Archbishop Cordileone said, “An amendment to the U.S. Constitution is the only remedy in law against this judicial activism that may ultimately end with federal judges declaring that the U.S. Constitution requires states, and consequently the federal government, to redefine marriage.” He added, “Just as Roe v. Wade mandated a constitutional right to abortion throughout the country, we now have the possibility of another bad decision mandating a constitutional change in the meaning of marriage in order to promote (at least to begin with) ‘marriages’ between two people of the same sex throughout the country. Your proposed Marriage Protection Amendment to the U.S. Constitution is, therefore, a needed remedy.”
Archbishop Cordileone also said, “Preserving this elemental truth is necessary for the good of society at large and for the good of children who deserve the love of both a mother and a father, neither of whom is expendable. Indeed, marriage is the only institution that unites a man and a woman to each other and to any child conceived of their union.” Archbishop Cordileone also commented on the nature of the recent federal court decisions by saying, “Federal court opinions that essentially redefine marriage to be merely a state recognized arrangement of intimate adult relationships ignore the truth about marriage, which deserves the highest protection in law.”
Archbishop Cordileone urged the U.S. House of Representatives to pass the Marriage Protection Amendment to the U.S. Constitution and encouraged members to join the resolution as cosponsors.
Archbishop Cordileone’s letter can be found online.
For H.J. Res. 51 to amend the U.S. Constitution, it must be approved by two-thirds of the U.S. House of Representatives and U.S. Senate and then be ratified by three-fourths of the states.
Marriage: Unique for a Reason is kicking off the first day of National Marriage Week with the release of its newest catechetical film, “El Matrimonio: Hecho para el amor y la vida.” “This is a one-of-a kind resource, and it is my hope that “El Matrimonio” will be a fruitful tool for advancing the conversation in both Spanish- and English-speaking communities on the true meaning of marriage,” said Archbishop Cordileone of the film. The 30 minute Spanish telenovela-style video and bilingual study guide is perfect for clergy, catechists, teachers, other leaders and viewers, as it explores five main themes: sexual difference and complementarity, children, the common good, religious freedom, and persons who experience same-sex attraction.
“The film’s story conveys real difficulties that numerous families encounter, but with compassion and without compromising the truth about God’s loving plan for marriage and family. In this way, the film portrays what we are all called to do: to love without compromising the truth, and to be witnesses to God’s plan with love and mercy. Love and truth go together. I pray that this film will provide opportunities for a deeper and more thoughtful study of, and increased reflection on the gift of marriage.”
For the full press release, click here.
Archbishop Cordileone, Chairman for the Subcommittee on the Promotion and Defense of Marriage, was recently interviewed on “EWTN News Nightly.” When asked to expound upon his emphasis of building up a healthy marriage culture, Archbishop Cordileone explained,
“Society should do what is necessary to favor the situation of the child having the best possible advantage of being connected to their mother and their father growing up. So we just need to teach people how to look at the issue from the standpoint of what is really best for the child, because it’s not about the adults…the government isn’t interested in people’s love lives…the reason marriage has the unique status it does in the law is because there’s a public interest. The public interest is the children that come from the union of men and women.”
Archbishop Cordileone’s full interview begins at 13:50.