Saturday, August 7, 2010

Anthony Kennedy and the Gay Marriage Decision

Anthony Kennedy is the man who will decide whether same-sex marriage is recognized as a constitutional right in the United States and thereby forced on all fifty states. While there is a lot of confidence in forecasting how the other eight justices will vote, there is a reasonable likelihood that Kennedy could vote to uphold or strike-down the argument and he is the median justice whose decision will determine the outcome of this case. Kennedy was appointed by Regan in 1987 and has voted to recognize abortion as a fundamental right in Planned Parenthood v Casey (1992) and authored the decision to decriminalized homosexual activity in Lawrence v Texas (2003) but voted to allow the Boy Scouts to ban homosexuals (in Boy Scouts of America v Dale in 2000) from acting as scout masters. As the median justice on the nation's highest court, he is now the most powerful person in determining whether same-sex marriage becomes law in the United States.

If he chooses to give this decision the rule of law, this would be the second time that the court has intervened in American politics to force the government to legalize something that is intrinsically evil and a non-negotiable for Catholics. Homosexual marriage is something that must be opposed by Catholics and in this matter no compromise is possible. It would be tragic for the court to mandate this and one would then reasonably wonder when the third non-negotiable, the right of parents to educate their children as they wish, would be lost.

As far as the Catholic Church is concerned, the principal focus of her interventions in the public arena is the protection and promotion of the dignity of the person, and she is thereby consciously drawing particular attention to principles which are not negotiable. Among these the following emerge clearly today:

- protection of life in all its stages, from the first moment of conception until natural death;

- recognition and promotion of the natural structure of the family - as a union between a man and a woman based on marriage - and its defence from attempts to make it juridically equivalent to radically different forms of union which in reality harm it and contribute to its destabilization, obscuring its particular character and its irreplaceable social role;

- the protection of the right of parents to educate their children.

These principles are not truths of faith, even though they receive further light and confirmation from faith; they are inscribed in human nature itself and therefore they are common to all humanity. The Church’s action in promoting them is therefore not confessional in character, but is addressed to all people, prescinding from any religious affiliation they may have.

Pope Benedict Address March 30, 2006


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Mari said...

Not to mention that the people of California voted against homosexual unions! Where is justice?? Judge Walker's decision provides additional confirmation that what happens in this country does not reflect the will of the American people but the ideological-driven wishes of a left-leaning minority. This is not democracy, this is a dictatorship.