Posted on 11/13/2004 6:27:28 PM PST by RepCath
Catholics Protect Marriage A Petition to Congress in Support of A Constitutional Amendment on Marriage
In May of 2003, Pope John Paul II approved this Vatican statement: "No ideology can erase from the human spirit the certainty that marriage exists solely between a man and a woman." Furthermore "In those situations where homosexual unions have been legally recognized or have been given the legal status and rights belonging to marriage, clear and emphatic opposition [by Catholics] is a duty."
When the idea of marriage as the union of a husband and wife is labelled by courts as "discrimination," people who teach the Catholic faith will be treated like bigots in the public square. The consequences for Catholic institutions are likely to be grave. In Massachusetts a group of distinguished Catholic legal scholars (including Harvard Law Professor Mary Ann Glendon) recently warned about the coming legal threat: "Precedent from our own history and that of other nations suggests that religious institutions could even be at risk of losing tax-exempt status, academic accreditation, and media licenses, and could face charges of violating human rights codes or hate speech laws."
In redefining marriage as a unisex relationship, the law would send a terrible message to the next generation: children do not need mothers and fathers, and marriage has nothing to do with its great, historic, cross-cultural purpose of making the next generation and giving all of our children the love and care of both their mother and father.
We, the undersigned, are Catholics from both political parties, and no political party. We urge our fellow Catholics, and all legislators of good will, to protect our children, our country, our institutions by voting to protect the special status of marriage as the union of one husband and one wife.
Signed:*
Prof. Mary Ann Glendon, Harvard University Avery Cardinal Dulles, S.J., Fordham University Joseph H. Hagan, President Emeritus, Assumption College Russell Shaw, Editor, Our Sunday Visitor Bernard Dobranski, Dean, Ave Maria School of Law Raymond L. Flynn (D-Boston), Former Mayor of Boston and U.S. Ambassador to the Vatican, current National President of Catholic Citizenship Prof. Thomas Kohler, Boston College Law School Prof. Helen Alvare, The Catholic University of America, Columbus School of Law Prof. Scott FitzGibbon, Boston College Law School Lawrence Kudlow, Co-host, CNBC's "Kudlow & Cramer" John M. Klink, Former Diplomat of the Holy See to the United Nations Msgr. James D. Conley, Congregation for Bishops, Vatican City State Fr. Richard John Neuhaus, Editor, First Things Prof. Robert Destro, The Catholic University of America, Columbus School of Law Prof. Gerard Bradley, University of Notre Dame Law School Austin Ruse, Culture of Life Foundation (Washington, DC) Hugh T. Dugan, United States Delegate to the United Nations Tom Hoopes, Executive Editor, National Catholic Register William Donohue, President, Catholic League for Religious and Civil Rights William E. May, John Paul II Institute for Studies on Marriage and Family, The Catholic University of America Msgr. Robert Sokolowski, The Catholic University of America, Philosophy Mel Martinez, U.S. Senate Candidate (Florida) John Haas, President, International Institute for Culture Robert Royal, Faith and Reason Institute (Washington, DC) Prof. Stephen Bainbridge, UCLA School of Law Sean McGuire, Executive Director, Montana Catholic Conference Prof. Ronald J. Rychlak, Associate Dean for Academic Affairs, University of Mississippi Law School Prof. William Kurz, S.J., Marquette University, Theology Prof. Don Briel, University of St. Thomas Prof. Andrew V. Abela, The Catholic University of America Prof. Patrick Brennan, Villanova University School of Law Prof. Jane Adolph, Ave Maria School of Law Prof. Steven Long, University of St. Thomas Prof. Glenn W. Olsen, University of Utah Prof. Thomas Baker, Chair, Jefferson Community College of SUNY, Humanities Prof. Maria Sophia Aguirre, The Catholic University of America, Economics Prof. Bruce Beaver, Duquesne University Prof. F. Russell Hittinger, University of Tulsa Jennifer Roback Morse, Research Fellow, Hoover Institution, Stanford University Prof. Laura L. Garcia, Boston College Prof. William Riordan, Ave Maria University (Naples, FL), Theology Prof. Elizabeth Fox-Genovese, Emory University (Atlanta, GA) Dr. Edmund Pellegrino, M.D., Director, Center for Clinical Bioethics, Georgetown University Dr. John Collins Harvey, M.D., Center for Clinical Bioethics and Professor Emeritus, Georgetown University Hon. Robert F. Corrigan, U.S. Ambassador, Retired Prof. Robert Kennedy, University of St. Thomas Prof. Gerard Wegemer, English Department, University of Dallas Rev. Michael P. Orsi, Ave Maria School of Law Prof. Edward Peters, J.D., J.C., Ave Maria University Prof. Peter Redpath, St. John's University Prof. Michael Keefe, University of Delaware, Mechanical Engineering Prof. James R. Stoner, Jr., Louisiana State University, Political Science Rev. Martin John Miller, S.T.D., Lexington College Dr. Peter Pagan, Aquinas College (Nashville, TN) Nicholas C. Lund-Molfese, Archdiocese of Chicago, Ministry of Higher Education William L. Sanders, Sr. Fellow and Dir., Center for Human Life and Bioethics, Family Research Council (Washington, DC) Prof. Alice Ramos, St. John's University (New York, NY) Prof. Alfred J. Freddoso, University of Notre Dame, Philosophy Prof. Margaret Monahan Hogan, University of Portland Dr. Gregory J. Kerr, DeSales University, Philosophy Rev. Msgr. Peter J. Elliott, Episcopal Vicar for Education, Archdiocese of Melbourne (Australia) Prof. Lee J. Strang, Ave Maria School of Law Prof. Teresa Collett, University of St. Thomas School of Law Tom Allen, Editor & President, CatholicExchange.com Dr. Thomas Rourke, Clarion University, Political Science Division George P. Morse, President and Publisher, Catholics Committed to Support the Pope Mercedes Arzu Wilson, President, Family of the Americas Foundation Prof. Michael Scaperlanda, University of Oklahoma School of Law Prof. John P. Hittinger, Sacred Heart Major Seminary Prof. Dwight Duncan, Southern New England School of Law Prof. Jeanne Buckeye, University of St. Thomas Prof. Christopher Wolfe, Marquette University Rev. Peter Ryan, S.J., Mount St. Mary's University David Matuszewski, Partner, Holland & Knight LLP (Arlington, VA) Carlos Lam, Catholics Allied for the Faith, Inc. Robert McCarthy, Bob McCarthy Communications Group (Winnisquam, NH) Prof. Janet Smith, Sacred Heart Major Seminary Prof. Mary Lemmons, University of St. Thomas Prof. Stephen M. Barr, University of Delaware Richard Bulzacchelli, S.T.L, Aquinas College Dr. Francis M. McLaughlin, Boston College, Economics Prof. Gavin Colvert, Assumption College Tom Schik, Director, Catholic Social Services (Hastings, NE) Prof. Gene Fendt, University of Nebraska-Kearney Prof. James G. Hanink, Loyola Marymount University Rev. Wilson D. Miscamble, C.S.C., University of Notre Dame, History Prof. Gregory Sisk, University of St. Thomas School of Law Oswald Sobrino, Editor, Catholic Analysis Victor de Dios, President, De Dios & Associates (Fremont, CA) Mary S. Meade, President, Marriage & Family Recovery Programs, Inc. (McLean, VA) Prof. Curtis Hancock, Rockhurst College Thomas Lang, Board of Governors, Thomas More Society of Central Pennsylvania Prof. Raymond Dennehy, University of San Francisco Robert Moynihan, Editor, Inside the Vatican Magazine Rusty O. Baldwin, Ph.D., P.E., Associate Professor of Computer Engineering, Dayton, Ohio William Farley, Attorney at Law P.C., McDonald & Karl (Washington, D.C.) Michele Gauthier, Defending Holy Matrimony Seamus O'Riann, Legal Advocates for Life JoAnn Padula, Oneida County Right to Life (Utica, NY) Daniel Hauser, University of St. Francis Juanita Russell, PeopleWork Associates (Bedford, IN) Sr. Marie-Jean Schildknecht, St. Benedict Center (Still River, MA) Joseph Massa, Chief Counsel, PA Judicial Conduct Board (Harrisburg, PA) Keith Fournier, Common Good (Chesapeake, VA) Prof. Sean Innerst, St. John Vianney Seminary Lisa Wheeler, Associate Editor, CatholicExchange.com Mary Kochan, Lead Content Editor, CatholicExchange.com Judy Parejko, Author, Stolen Vows: The Illusion of No-Fault Divorce Prof. Margaret A. Schatkin, Boston College, Theology Karen E. Bohlin, Senior Scholar, Center for the Advancement of Ethics and Character, Boston University
* Institutional affiliations for identification purposes only.
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Marriage is a common law matter and falls under the rights of the states, not under the U.S. Constitution.
The amendment needs to do two things: ban gay marriage and provide that the states and federal government do not have to recognize gay civil unions formed in another state.
But there are federal issues involved with taxation, benefits, and estates. Even if a state were to recognize "gay marriages," would the federal governent have to recognize them? Would the states be required to recognize "gay marriages" performed in other states? Sure the Congress passed the Defense of Marriage Act in 1996, and Clinton signed it. The Supreme Court could overturn it, and force all states to recognize "gay marriages." If there were to be a federal marriage amendment, it should strip both federal and state courts from the power to determine the requirements for marriage within a state. It should be left up to legislatures or referenda. Under my proposal, the Massachusetts Supreme Court decision forcing the Commonwealth of Massachusetts to recognize "gay marriages" would be null and void, and it would be up to the state legislature to make the laws determining who can marry each other.
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