The Heroic Battle of the United States to Preserve the Sacred Covenant of Marriage

by Barbara Kralis

It is imperative that the will of the American people to protect this vital institution from arbitrary redefinition be acknowledged in our Federal Constitution. Until such time, all states are called to preserve marriage 'between one man and one woman' through state constitutional amendments.

The battle to preserve the covenant of marriage only between 'one man and one woman,' is an issue central to the future of America's survival. The obligation of the marriage, as instituted by the Creator, is two-fold: fidelity and fecundity. [1]

Same-sex marriage, and other 'de facto unions,' part of a new ideology of insidious and hidden evil, attempts to pit human rights against the family and against man. Even if the majority of the people supported same-sex marriage and civil unions [and they don't] making them the equivalent to traditional marriage [and they are not], the majority would be gravely wrong. [2]

Traditional marriage is, however, under attack by a small minority of people and judges who are usurping their role and authority by making new same-sex marriage policies from the bench instead of interpreting the law.

The institution of marriage between one man and one woman comes before any recognition by public authority. [3] Civil authority should consider it a grave duty to acknowledge the true nature of sanctified marriage and the family. [4]

For the past eleven years and for the next several years, fierce battles have and will exist in cumbersome state-by-state constitutional referenda to ban same-sex marriage. The larger question, however, is not whether each state's Constitution will be amended but rather 'who will amend it and how will it be amended.'

Widespread ignorance exists on the immorality of same-sex marriage

Widespread confusion and misinformation on the issue of same-sex marriage abounds. Growing secularism shows increased hostility toward Judeo-Christian dogmas of faith.

Pro-homosexual civil rights organizations such as The National Center for Lesbian Rights, the American Civil Liberties Union, Lambda Legal, and Gay and Lesbian Advocates and Defenders are representing cases on behalf of gay/lesbian/bisexual/transgender [GLBT] groups in courts throughout the country under the guise of anti-discriminatory suits.

Another group calls themselves a 'loyal Republican family.' The Log Cabin Republican organization has thousands of members in dozens of chapters nationwide including a full-time Washington office and a federal political action committee. Since the late l970's, the platform of homosexual Republicans has gained influence at highest levels not only within the Party itself but on Capitol Hill and inside the current Bush administration. Ever since President George Bush announced his first term support for a Federal Marriage Amendment [FMA] banning same-sex marriage and civil unions, Log Cabin Republican leaders worked hard against his re-election and passage of the FMA. The Log Cabin, however, has not been able to defeat the much larger number of pro-life/pro-family grassroots Americans, insuring the Party's platform to remain largely pro-life.

Wielding more obfuscation, the Democratic Party has a national GLBT group called 'The National Stonewall Democrats' within its political organization. The Stonewall Dems [the same group that assails the Boy Scouts of America] vow to defeat all state amendments that support traditional marriage by misrepresenting moral truths of same-sex marriage; i.e., calling same-sex marriage an 'equality issue,' a 'civil right' for homosexuals. Shannon Bailey, President of the Stonewall Dems promised in August:

"We will keep hammering the message, telling our stories, and giving people time to absorb them...we're engaging with families and houses of faith...on the marriage issue and talking about equality."

As state constitutional amendment referenda progress over the coming years, church leaders of every denomination must speak and write boldly in favor of traditional marriage between 'one man and one woman.' This battle will require courageous clarity to teach the 'objective disorder' of same-sex marriage. If church leaders neglect to do so, Americans will fail to voice God given moral truths in the voting booth. [5]

However, the sanctity for sacredness of marriage is not for Christians alone — it is for everyone, even non-believers.

"Lex injusta non obligat" [6]

Generally speaking, churches and other non-profit 501(c)3 tax-exempt organizations are prohibited from endorsing political candidates. Laws may vary by locality, but usually churches can support ballot measures such as federal and state constitutional bans on gay marriage. In questionable cases, legal counsel should be consulted.

Here are some examples of what a church or parish can do to get involved: speak on the Catholic Church's infallible teachings on marriage; [7] speak on the biblical definition of marriage; [8] teach on Sacred Scripture's condemnation of homosexual acts "as a serious depravity;' [9] distribute 'Voters' Guides; hold voter registration drives; print bulletin inserts; bring in guest speakers; arrange parish meetings to discuss same-sex marriage issues and submit absentee ballots.

In recent years, Pope John Paul II and relevant Vatican Discasteries have addressed with great clarity various questions relating to homosexuality. [10]

Cardinal Ratzinger and The Congregation for the Doctrine of the Faith on March 28, 2003 addressed the great and troubling moral and social phenomenon of marriage and unions between homosexual persons in a document entitled "Considerations Regarding Proposals to Give Legal Recognition to Unions Between Homosexual Persons."

Since this question relates to natural moral law, the document is addressed to all persons, not just believers, committed to promoting and defending the good of society.

In addition, Pope John Paul II on January 10, 2005, unequivocally condemned gay marriage in a strongly worded annual message addressed to the world meant to define the position and agenda of the Roman Catholic Church:

"Today the family is often threatened by social and cultural pressures that tend to undermine its stability; but in some countries the family is also threatened by legislation which at times directly challenge its natural structure, which is and must necessarily be that of a union between a man and a woman founded on marriage. Family must never be undermined by laws based on a narrow and unnatural vision of man." [11]

It is imperative that the will of the American people to protect this vital institution from arbitrary redefinition be acknowledged in our Federal Constitutional. Until such time, all states are called to preserve marriage 'between one man and one woman' through state constitutional amendments.

Interesting Polls

We are witnessing an intense period of attack upon traditional marriage from gay, lesbian, bisexual and transgender [GLBT] groups throughout America. The 2000 census showed 600,000 same-sex couples in the nation, while the 1990 version found 150,000. [12] Two years later, a 2002 U.S. government study by the National Center for Health Statistics asked 12,571 in age group 18-44 "Do you think of yourself as heterosexual, homosexual, bisexual or something else?" In answer, 2.3% men and women said they were homosexual, 1.8% answered bisexual, translating to possibly 4.5 million self-identified homosexual or bisexual persons. [13]

Encouraging news comes from a July 2005 Rasmussen Reports poll showing not only American pro-life voters overwhelmingly support traditional marriage but 48% of pro-abortion voters support it as well. Among all 1,000 likely American voters polled, 66% favor traditional marriage over same-sex marriage.

An interesting three-year Gallup Poll conducted during the month of May for years 2002-2004 showed that Catholic Church leaders are failing to teach their flock about same-sex marriage. The Poll showed Catholics' acceptance of 'homosexual behavior' at 48%, higher than non-Catholics acceptance at 39%. Other Gallup data in the same poll suggests Catholics are no different than other non-Catholics on key moral issues. [14] This would indicate that little if any Catholic moral teachings were coming from Catholic parish pulpits or Catholic bishops' diocesan newspapers.

Not all Christian denominations support traditional marriage. On July 4, 2005, four-fifths of delegates to the United Church of Christ's national conference voted to recognize same-sex marriage, the first major Christian denomination to do so.

Moreover, our good neighbor to the North, Canada, on July 20, 2005, announced their parliament's legalization of same-sex marriage.

In another interesting Gallup Poll, [15] Americans are turning more negative toward the concept of same-sex marriage. The poll taken during March 18-20, 2005 shows 57% of Americans polled support a federal constitutional amendment ban against same-sex marriage. In addition, 68% of Americans polled said same-sex marriage should not be legalized. A year earlier, in February 2004, the poll showed support for a federal constitutional amendment was only 47%.

Attempts to pass a U.S. Constitutional Amendment

Extremist groups in Washington, namely politicians and activist judges practicing or promoting sodomy, continue to strip away America's traces of its Judeo-Christian heritage.

One example can be recalled from July 14, 2004, when 50 Senators [37 Dem., 6 Rep.] led by Sen. Ted Kennedy [D-MA] rejected the Federal Marriage Amendment [FMA], an attempt to amend the U.S. Constitution banning same-sex marriage. [16]

The 48 votes in support of the amendment were 19 votes short of the 67-vote [two-thirds] majority needed in the senate. [17] Despite the U.S. Constitutional amendment's failure in the Senate, the House of Representatives presented the legislation again on September 30, 2004. It received 227 yea votes and 186 nay votes, well short of the 290 yea votes needed for adoption. A U.S. Constitutional amendment requires the approval of two-thirds of the House and Senate and three-fourths of the states.

What can the people do to preserve sacred marriage?

For decades, many Americans have bemoaned the virulent judicial activism by justices supplanting the rule of law and the will of the people. Activist justices often spuriously characterize pro-family groups making any defense of the clear national moral consensus as evoking "hate speech."

Many ask, 'What can one person do?' One successful antidote to this judicial oligarchy is to partake in the privilege Americans have to vote.

Americans can pick their lawmakers and pick their laws by voting in all elections. All elections are crucial. We cannot afford to lose any election to the culture of death undermining the good of the family and society. Each election, no matter how insignificant, demands the attention of all its citizens.

Federal court activist judges and anti-family legislators have left the American people with one recourse: until our nation can call for the passage of Federal Marriage Amendment to the U.S. Constitution, citizens of every state must now work to enact state constitutional amendments to protect sacredness of marriage in America, the most fundamental institution of civilization. [18]

It is imperative that the will of the American people to protect this vital institution from arbitrary redefinition be acknowledged in our Federal Constitutional. Until such time, all states are called to preserve marriage ‘between one man and one woman’ through state constitutional amendments.

Why pass State Constitutional Amendments rather than state statutory bans?

Congress enacted the Federal Defense of Marriage Act (DOMA) in 1996, a law that bars federal recognition of same-sex marriages and allows states to enact similar legislation. Since 1996, forty-two states, following the model of the Federal Defense of Marriage Act, enacted 'state' DOMA type laws [not state constitutional amendments] prohibiting same-sex marriages and the recognition of same-sex marriages formed in another jurisdiction. [19]

Because the U.S. Senate was unable to pass the Federal Marriage Amendment [FMA] to the U.S. Constitution in July 2004, the best remedy against judiciary rulings and out of control legislators who support gay marriage is to have another attempt at passing a federal constitutional amendment that says marriage in the U.S. shall only be between 'one man and one woman.'

Until that happens, however, having 'state constitutional amendments' banning same-sex marriage are seen as the most sure-fire way to protect traditional marriage. State constitutional amendments prevent state courts from ruling that statutory same-sex marriage bans are unconstitutional.

State constitutional amendments will prevent legal recognition of same-sex marriages performed in other states as well. All state legislators and state judges [but not federal judges and federal legislators] must follow the state constitutions.

To date, eighteen states have passed state constitutional amendments to ban same-sex marriage. [20]

Undermining the Will of the People

A good defense for enacting 'state constitutional amendments' rather than state statutes is what recently took place in California.

The battle began in March 2000 when 61.4% [or 4.6 million] California's voters approved statute 'Proposition 22,' making it a state DOMA law [not a state constitutional amendment]. The new marriage law read: "Only marriage between a man and a woman is valid or recognized in California."

Horrifically, on September 1, 2005, Californians saw their heavily Democratic Senate pass gay legislation 'AB 849' granting same-sex marriage. Five days later, both state assemblies passed AB 849 again.

California's lawmakers were the first in the nation to back gay marriage, approving a bill that defines marriage as 'two persons.' AB 849 was unlike Massachusetts' law, where gay men and lesbians are allowed to marry because of an activist state court ruling.

Governor Arnold Schwarzenegger, at this writing, has promised to veto the bill. The Governor stated he believed voters had clearly spoken when they approved 'Prop 22' in 2000 that defined marriage as between a man and a woman. The Governor said AB 849 violated the will of the people. [21]

Archbishop Roger Cardinal Mahony of the Archdiocese of Los Angeles is Gov. Schwarzenegger's Archbishop. Cd. Mahony must speak out boldly in support of traditional marriage to California's over ten million Catholics [10,110,452], a group who represent 30% of the state's entire population. It is Cardinal Mahony's duty as Archbishop to remind all those that promote and/or practice same-sex marriage and civil unions that they have separated themselves from communion with the Church. Church leaders of all denominations must teach the people to protect the sacred covenant of marriage between 'one man and one woman.'

State by State by State

The heroic battle is before us all. State by state, the referenda to ban same-sex marriage will be put into motion, requiring passage of the ban in each state legislature by 2/3 vote, then voted on by the people. Some state constitution, such as Massachusetts, requires the legislature to approve identical language in two successive sessions before the amendment can be put before state voters in 2006.

State constitutional amendments are the best way, outside of a federal constitutional amendment, for states to inoculate themselves from rulings such as the November 2003 decision by the Supreme Court activists judicial ruling in Massachusetts that ruled equal-protection guarantees made it illegal to deny marriage to gays and lesbians.

Let's look at Texas

Let us look at one important but little known election that will have national repercussions, especially after a majority of the U.S. Supreme Court justices, in extreme judicial activism regarding 'Lawrence vs. Texas,' struck down a Texas sodomy law on June 26, 2003, declaring a state right to practice sodomy. [22]

The jewel, Texas, once known for its national patriotism and state republic's independence, whose once mentally and physically strong-willed people with staunch Judeo-Christian beliefs magnificently scratched out extraordinary livelihoods from scrubby, harsh and rugged terrains has now, paradoxically, over 43,000 same-sex couples living in plush, upscale urban areas of Austin, Houston, San Antonio and Dallas. [23]

Yet still, many pro-family Texans, with their forefathers' resolve, fight a heroic battle against the onslaught of same-sex marriage.

Notwithstanding a heated debate during May 2005, the Republic of Texas' Congress passed legislation for a proposed state constitutional amendment, defining marriage as an institution 'between one man and one woman' as well as denying state benefits and rights to gay couples.

The ballot amendment named 'Proposition 2 ' would safeguard existing Texas law that prohibits same-sex marriage, civil unions, and domestic partnerships from judicial challenges. [24] The people of Texas will have an historic opportunity to vote on this state constitutional amendment November 8, 2005.

In support of the amendment, Texas Governor Rick Perry in August sent out 10,000 emails encouraging Texans to get out and vote:

"Marriage is the union between a man and a woman is a truth known to each one of us already, and any attempt to allow same-sex marriages is a detriment to the family unit and hurts our state and nation."

The biggest obstacle is this Texas November 8 election is that it is a little known 'Special Constitutional Amendment Election' where there are no state or federal candidates or parties on the ballot. Consequently, there typically is only a 7-12% voter turnout.

Not surprisingly, gay, lesbian, bisexual and transgender [GLBT] groups in Texas are taking advantage not only of this little known election but also of the general ignorance or indifference of many citizens on the issue of same-sex marriage.

It is well known that sodomite groups are much better organized for this 'special election' than the pro-family groups. Calling their group 'No Nonsense in 2006,' thousands of GLBT are canvassing neighborhoods in the State's largest counties, using confusing words such as 'civil rights for all' to encourage people to vote for same-sex marriage. 'No Nonsense in 2006' sent 10,000 U.S. mailings to past Democratic Party donors, encouraging support for Texas gay marriage and retaliation against Gov. Rick Perry's pro-family email efforts.

Texas Church leaders of all denominations must speak out boldly and clearly of the immoral truths of same-sex marriage. Texas Catholic archbishops, bishops, and priests must clearly remind their flock that practicing and/or promoting same-sex marriage and civil unions separates one from communion with the Catholic Church.

Over 2,000 Texas Protestant clergy formed 'Restoration Project' in May 2005, a Christian organization to bring morality to the government by empowering Christian voters. [25] They plan to have Citizenship Sundays designed to encourage voters to register and vote. Governor Perry said: "It is a ridiculous notion to say you can't legislate morality. I say you can't not legislate morality."

It is imperative that the will of the American people to protect this vital institution from arbitrary redefinition be acknowledged in our Federal Constitution. Until such time, all states are called to preserve marriage 'between one man and one woman' through state constitutional amendments.

Looking at other states' upcoming elections

If Texas voters approve 'Proposition 2' on November 8, Texas will join the eighteen other states [see endnote 2, part three] whose voters overwhelmingly approved state constitutional bans for same-sex marriage. Ten of these eighteen states already have language similar to Nebraska's, banning not only 'gay marriage' but also civil unions and domestic partnerships.

At this writing, seven states have neither statute nor constitutional amendment banning same-sex marriage. [26]

The only state that specifically allows same-sex marriages is Massachusetts. Gay marriage became legal in Massachusetts in 2003 following an activist state Supreme Judicial Court decision. [27]

However, on September 7, 2005, Massachusetts's Attorney General, on the last day of the deadline and despite great pressure by advocates of gay marriage, approved a strict ballot allowing voters an opportunity to vote on a state constitutional amendment to ban same-sex marriage as well as 'civil unions.' Voters have the authority to overrule the 2003 state Supreme Court decision.

Pro-family groups in Massachusetts must gather 65,825 signatures before December 7, 2005. Then a 25% approval must be obtained from the 200-member state legislature in both years 2006 and 2007. Finally, the ballot would be placed before the people of Massachusetts as a state constitutional amendment in November 2008, defining marriage only 'between one man and one woman' and banning 'civil unions.'

Not surprisingly, numerous gay, lesbian, bisexual, and transgender [GLBT] have vowed to challenge the ballot approval in court and are already canvassing neighborhoods to distribute literature supporting gay rights.

On September 15, 2005 Massachusetts legislators rejected a flawed proposed constitutional amendment that would have banned same-sex marriage but allow civil unions. Conservative Christians welcomed the defeat of the compromised ban because civil unions are dangerous to traditional marriage, especially legally speaking. [28] Case in point would be Connecticut's decision to legalize civil unions earlier in 2005, granting same-sex couples the same legal rights as married couples but denying them to wed. This decision is now being used in a lawsuit brought about by eight homosexual couples that seeks to force Connecticut to allow gay couples full marriage rights. [29]

Archbishop Sean O'Malley of Boston, and all Massachusetts' Catholic Bishops must teach that voting for and/or promoting same-sex marriage and civil unions is gravely immoral and separates one from communion with the Catholic Church. Church leaders of all denominations must not fail to speak in favor of only marriage between 'one man and one woman.'

More than 6,100 gay and lesbian couples have wed since May 2004 in the state of Massachusetts. Connecticut and Vermont are the only states that allow same-sex 'civil unions.' [30] California's Supreme Court in June 2005 let stand a new domestic partnership law granting homosexual couples the same rights and protections as that of traditional married couples. As in Massachusetts, civil unions in Vermont were granted through activist court rulings.

Four other state legislatures have approved state constitutional amendments banning same-sex marriage and will be voted on by its citizens as follows: Alabama (June 2006), South Carolina (November 2006), South Dakota (November 2006) and Tennessee (November 2006). Pro-life/pro-family constituents in these states must start preparing now for the fierce battle in 2006.

Other legal developments in states without constitutional amendments banning same-sex marriage need our attention. Lower court judges in New York and Washington recently ruled that same-sex couples should be allowed to marry. The rulings do not take effect pending appeals, but each case could pave the way to follow in the steps of Massachusetts' activist Supreme Judicial Court ruling. On April 15, 2005, New York City became the sixth locality in the state of New York to announce it will recognize same-sex marriages and civil unions performed in other jurisdictions. Other localities are Brighton, Buffalo, Ithaca, Nyack, and Rochester.

Connecticut's legislature passed on April 20, 2005 the first same sex civil union bill in the nation not driven by a court decision.

The battle will never be over without a federal constitutional amendment

All eyes are on Nebraska as an activist federal judge, on May 12, 2005, in an unprecedented ruling said Nebraska's state constitutional amendment banning same-sex marriage violates the U.S. Constitution's First and Fourteenth Amendment's right and due process. The ruling, initiated by a group of homosexual and liberal activist groups, including Lambda Legal and the ACLU of Nebraska, is the first attempt by a federal court to overturn the will of the people on a state constitutional marriage amendment, especially stunning since an additional 18 states have similar amendments, at this writing. [31]

Gary McCaleb, senior legal counsel with the Alliance Defense Fund [ADF], a non-profit religious liberty legal alliance based in Scottsdale, AZ, recently told this writer:

"We strongly disagree with the federal district court decision which held that Nebraska's Marriage Amendment violates the U.S. Constitution. We remain hopeful that it will be overruled on appeal.

Unfortunately, the decision demonstrates that ultimately these issues will be decided as a matter of federal constitutional law. It also highlights the importance of adopting a federal marriage amendment.

Nevertheless, state marriage amendments remain extremely important as they settle state law and several courts have upheld them. They also play an indirect role in federal constitutional litigation. In Lawrence v. Texas, the U.S. Supreme Court looked to state legal trends in deciding to overrule Texas' sodomy statute. Passage of state marriage amendments shows that the trend is to protect traditional marriage."

Nebraska is appealing the ruling that may ultimately go before the U.S. Supreme Court. Nebraska voters passed the state constitutional amendment with a 70% margin in favor of banning same-sex marriage, civil unions, and domestic partnerships.

How bizarre can it get?

If the United States does not heroically battle same-sex marriage rulings, America might eventually define as marriage: polygyny [having more than one wife]; polyandry [having more than one husband]; polyamory [group marriage]; marriage involving normal incest [brother and sister]; and same-sex incest. [32] The courts could even be challenged to allow bestial marriage [non-consensual sex between man and animal]. [33]

Space herein does not permit the possible asymmetries of so-called legalized same-sex marriages — an inimical slippery slope created by activist judges and anti-family legislators redefining marriage and legislating their own immorality. A dystopian society is not a bridge too far. [34]

Same-sex relationships are not marriages and they are not procreative.

Our nation for the last 40 years has witnessed a decline in the quality of life for our children as activist courts and legislators have allowed unions/marriages for homosexual adults that are based upon the perversions of a few [35]

Homosexual activity has resulted in tens of thousands of men getting sick or dying prematurely because they engage in sexual perversions.

Homosexual marriages create motherless and fatherless families. [36] Homosexual adoptions deprived the child of the inalienable right to a natural female mother and a male father as a matter of public policy. [37] An immutable human truth is that children need a male and a female role model in a permanent relationship. [38] Why would anyone consider placing children in an environment that is not conducive to their full human development and is gravely immoral? [39]

If same-sex marriages are approved by the state, then public schools will be forced to teach that they are equal to heterosexual marriage. All children will be affected and the culture will be transformed. In California, businesses are being forced to treat same-sex relationships like heterosexual marriage. [40]

Among children raised by same-sex couples, a significant increase in low self-esteem, stress, confusion regarding sexual identity, increased mental illness, drug use, promiscuity, sexually transmitted infections and homosexual behavior was recorded. [41]

We give thanks to successful reparative or reorientation therapies such as those given by Dr. Joseph Nicolosi, Ph.D., and President of National Assoc. for Research & Therapy of Homosexuality [NARTH], and Director of the Thomas Aquinas Psychological Clinic, Encino, California. [42]

We must never give up the heroic battle to preserve the sacred covenant of marriage between one man and one woman who cooperate with God in the creation of a new human person, destined for eternal life.

NOTES:

Barbara Kralis, the article's author, writes for various Christian and conservative publications. She is a regular columnist at RenewAmerica.us, Catholic Online.com, The Wanderer newspaper, New Oxford Review Magazine, Washington Dispatch, MichNews, Catholic Citizens of Illinois, Phil Brennan's WOW, ChronWatch, etc. Her first journalism position was with Boston Herald Traveler, 1964. Barbara published/edited 'Semper Fidelis' Catholic print newsletter. She and her husband, Mitch, live in the great State of Texas, and co-direct the Jesus Through Mary Catholic Foundation. She can be reached at: [email protected].

© Copyright 2005 by Barbara Kralis

This item 6639 digitally provided courtesy of CatholicCulture.org