Posted on 04/30/2015 8:47:37 AM PDT by BlatherNaut
"States could force Catholic priests to perform same-sex marriages or lose legal status: Justice Scalia"
If the Supreme Court rules that same-sex marriage is a constitutional right, one justice has said that the government could force clergy of all denominations to perform gay weddings or lose the ability to officiate any state-sanctioned marriage.
On Tuesday, the U.S. Supreme Court heard oral arguments in Obergefell v. Hodges, the case that will decide whether the Constitution forbids states from upholding marriage as the union of one man and one woman. Among the exchanges, Justice Antonin Scalia repeatedly noted that if the High Court finds same-sex "marriage" is a constitutional right, then priests, ministers, rabbis, and imams will be required to perform such ceremonies regardless of their religious beliefs or face state penalties.
Justice Scalia repeatedly suggested that once a constitutional right to marry by same-sex couples was enshrined by the court, a member of the clergy could not be given civil marriage powers by the state unless he agreed to perform any and all marriages that the nation legally recognizes.
"Every state allows ministers to marry people, and their marriages are effective under state law, Scalia said. That will not be the case if, indeed, we hold, as a constitutional matter, that the state must marry two men."
As it stands, most clergy serve a dual role, celebrating church nuptials but also signing legal documents allowing the state to legally recognize that marriage. But if they refuse to conduct same-sex rituals, government officials may strip clergy of their state legal standing, rendering their marriages legally invalid in the eyes of the state government.
(Excerpt) Read more at lifesitenews.com ...
This isn't Congress-made law, this will be court-made law.
James Madison as a Congressman in 1789 drafted what became the Bill of Rights. Ironically it was a case he was party to, Marbury v.Madison, which was the vehicle for creating judicial review of laws...which has turned into the judges making the laws mean whatever they want them to mean.
Fr. Patrick Reardon of All Saints Orthodox Church, Chicago, IL has publicly already taken the position that he will neither require nor sign a marriage license from the State of Illinois to perform the Orthodox Rite of Marriage, only confirmation that the couple meets the requirements of Orthodox canon law.
Interesting!
There’s an idea.
Still, the Cultural Marxists will even rage against that. I is what they do.
It is what they do, rather...
However the key is claiming marital status on tax forms
my guess is “sacramental marriage” would not be recognized for legal or tax purposes by our new imperial overlords, the federal and state governments
However a 2-track system like France where you get married in the church and then go register at City Hall the following day does not seem too onerous to preserve religious freedom
Oh, I agree. But in the brave new world that these people are creating there may come a time when having a marriage that isn't recognized by the state might be a distinct advantage.
The only example I can think of right now involves people on welfare - as I understand it the state actively penalizes marriage for people on benefits by cutting those benefits.
Not a great example I admit - very few of us see a future in being dependent on the state. But perhaps some of those on welfare would be glad to marry sacramentally, and keep the state out of it.
Government turns all gold to lead.
The priest or church could be fined.
Well then couples should do as they do in Monaco. Have a small intimate civil ceremony before the religious ceremony. In the Catholic religion, a civil ceremony is not recognized as a legal union in the eyes of God. If priests lose their authority as civil officiates, they still have the authority of the Church to perform Catholic ceremonies, which is the only way a Catholic couple can get married in the eyes of God. Marriage is a sacrament in the Church and will always be. No court ruling will ever change that. But if the Catholic ceremony is no longer recognized as a civil union as well, then go to a JP and say your vows to make it a legal union recognized by the govt.
For instance: there are potentially large tax implications when state-marrying a non-citizen, and a couple of other instances.
Probably not significant enough to haunt the state with visions of lost revenue but I bet some people will avail themselves of them.
I fully expect that you will see parishes that perform same sex weddings, some who stand strong, with the majority who will drop any and all wedding ceremonies.
If they do that, they will be sued immediately for civil rights violations just like the pizza shop owner was.
How will divorce (or bigamy) be handled? For that matter, paternity?
Honest question. A similar idea is floating around on this side of the Mississippi.
This past Sunday the priest asked all of us to consider the matter of faith.
He asked if we knew going to mass would lead to our deaths, would we still come? He also admitted, congregational confession maybe, that he pondered if he would cross the ground from the rectory to officiate mass.
He explained that these are the very choices Catholics and Christians are making everyday from Egypt to Syria, Iraq and all through the Middle East.
He didn’t get graphic about it per se, but he did point to the crucifix and explain that people are still dying in that fashion today for be Christians. He explained that the media is blacking out that horror.
Mass is pretty quiet most times, but this past Sunday I think even the church mouse was listening.
The Iraqi christians are facing extreme persecution from ISIS.
Check out this sweet Iraqi kid kid whose family had their home taken by ISIS:
https://www.facebook.com/sat7ar/videos/vb.112357091196/10153122599221197/?type=2&theater
What a great question to ask one's members. I would love to have heard that sermon.
We have ecclesiastical courts for divorces in the Orthodox Church and without permission from one of those to remarry (given only to the innocent party in a divorce undertaken for a cause recognized under Orthodox canon law), divorcees may not marry. How previous non-sacramental marriages terminated (by divorce or death) before one party to them is received into the Church are treated is an interesting matter of pastoral practice, with few good answers.
“Oh you silly Christians! Why wont you burn a pinch of incense and say that Obama is Lord? Thats all we ask!”
Sounds like the request of the Persian messenger to Leonidas.
“Messenger: All that God-King Xerxes requires is this: a simple offering of earth and water. A token of Sparta’s submission to the will of Xerxes.”
same with those where husband and wife both have substantial social security accounts
sacramental marriage for seniors
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