Catholic leaders decry California judge's decision on same-sex marriage Print E-mail
By staff and wire reports   
Wednesday, 11 August 2010

Archbishop Nienstedt calls on Catholics to act


Archbishop John Nienstedt is calling on Catholics to defend the traditional definition of marriage after the Aug. 4 decision of a federal judge to overturn a California voter-backed initiative that essentially banned same-sex marriage.

In a statement issued the same day as the ruling, Archbishop Nienstedt said, “It is a sad and almost incomprehensible event for the court to deny both the Judeo-Christian and natural law definition of one-man-one-woman marriage, particularly after the people of the State of California had voted as free and responsible citizens to support it.”

“While today’s ruling is extremely disheartening to people in Cal­i­fornia and across this country,” the archbishop added, “it will not deter the vast majority of us who believe in and cherish marriage as it has always been defined. I call on all people of good will to work tirelessly to defend marriage in this country against the efforts of those who seek to redefine it and to thwart its sacred purpose.”

The 2008 voter initiative, known as Proposition 8, was approved by voters by a margin of 52 percent to 48 percent. In overriding a May 2008 California Supreme Court ruling that enlarged the definition of state-sanctioned marriage to include all couples, the initiative defined state-sanctioned marriage as limited to a man and a woman.

Archbishop Nienstedt joined other bishops around the country in expressing disapproval of the judge’s decision to overturn Proposition 8.

Chicago Cardinal Francis George, president of the U.S. Conference of Catholic Bishops, said in a separate statement that marriage between a man and a woman “is the bedrock of any society.”

“The misuse of law to change the nature of marriage undermines the common good,” he said. “It is tragic that a federal judge would overturn the clear and expressed will of the people in their support for the institution of marriage. No court of civil law has the authority to reach into areas of human experience that nature itself has defined.”

Marriage in Minnesota

In Minnesota, where same-sex marriages are not recognized, past efforts to obtain a state vote on a constitutional amendment that would reinforce current law have been unsuccessful.

Even if a constitutional amendment defining marriage were enacted, “this [California judge’s] opinion pulls into question whether a state constitutional amendment can stand,” said Teresa Collett, a law professor at the University of St. Thomas in Minneapolis.

And, in states that recognize same-sex unions as marriages, there have been implications for religious freedom, Collett pointed out.

“We have seen cases where parents have not been allowed to exempt their elementary school children from instruction on same-sex marriages,” she said. “We’ve seen business owners fined for their reluctance to provide services to same-sex couples. We’ve seen Catholic Charities have to withdraw from providing adoption services because of state regulatory requirements. We’ve seen doctors being sued for failure to equate same-sex unions with marriages.”

Chris Leifeld, director of the Minne­sota Catholic Conference,  the social policy arm of the state’s bishops, said it is likely that bills relating to marriage will surface in the state’s upcoming legislative session.

“It’s important for the church to speak out on these issues, these moral issues, because of the impact it has on societies and families,” Leifeld said.

Kathy Laird, director of the archdiocesan Marriage, Family and Life Office, agreed.

“I fear it will be like Roe v. Wade” if those who oppose same-sex marriage fail to get involved, she said. “Catholics and others will wake up one day and say, ‘How did this ever happen?’

“People have to be aware, they have to get informed on the issue, and they have to be willing to take action that is not popular.”

Catholics should engage in respectful dialogue with people who do not share their views, but stand firm in their resolve, Laird said. To assist them in this task, the Marriage, Family and Life Office has held 26 “Reclaiming the Culture of Marriage and Life” seminars across the archdiocese focusing on marriage from natural law and legislative perspectives.

The next seminar will be at 7 p.m.  Thursday, Sept. 30, at St. Hubert, 8201 Main St., Chanhassen.

The office also is assisting parishes interested in forming small groups to discuss the U.S. bishops’ 2009 pastoral letter, “Marriage: Love and Life in the Divine Plan.”

“The church always has to teach the truth, in season and out season, whether she’s criticized or not,” Laird said. “And the truth is that two persons of the same sex do not equal man and woman in a marriage union.”

Appeal planned

Proponents of Proposition 8 said they planned to appeal the decision by Judge Vaughn Walker, chief judge of the U.S. District Court for the Northern District of California.

In his decision, Walker said, “Propo­sition 8 fails to advance any rational basis in singling out gay men and lesbians for denial of a marriage license.”

“Indeed, the evidence shows Propo­sition 8 does nothing more than en­shrine in the California Constitution the notion that opposite-sex couples are superior to same-sex couples. Because California has no interest in discriminating against gay men and lesbians, and because Proposition 8 prevents Califo­rnia from fulfilling its constitutional obligation to provide marriages on an equal basis, the court concludes that Proposition 8 is unconstitutional,” the judge ruled.

Walker granted a motion from Proposition 8 supporters to stay the decision pending a further hearing.

The chief attorney for an organization that supported the initiative said Walker’s action “short circuits the democratic process.”

“But this is not the end of our fight to uphold the will of the people for traditional marriage, as we now begin an appeal to the Ninth Circuit Court of Appeals,” attorney Andy Pugno of ProtectMarriage.com said in a statement.

Catholic Spirit staff writer Julie Carroll and Catholic News Service contributed to this report.