Tuesday, April 16, AD 2024 10:04am

AZ “Anti-Gay” Bill Vetoed

As I expected, Arizona governor Jan Brewer has vetoed SB 1062. Though it has been described in the media as a bill that establishes a “right to deny service to gay and lesbian customers”, this is quite false. The aim of the bill was to provide the same protections currently afforded to religious institutions under state law to  “any individual, association, partnership, corporation, church,” “estate, trust, foundation or other legal entity” and to allow religious defense to be used as a defense in lawsuits by the same entities.

In itself, the bill is harmless. It makes no reference to homosexuals, even though the outrageously unjust decision of Elane Photography v. Willock, which may be heard by the Supreme Court at some point in the reasonably near future, was the impetus behind it. In context, however, the bill was quite unnecessary and I believe will ultimately end up causing more harm than good.

In the first place, Elane v. Willock took place in New Mexico, wherein homosexuals are a “protected class” under NM state law. No such protections exist in AZ; ergo, no legislation along these lines was really needed at this time. The actual threat to religious liberty, at least from the vindictive sort of activism that has brought photographers and bakers to court, was non-existent. The summary and background written by proponents of the bill made Elane one of its core concerns without recognizing that NMs distinctive protections for homosexuals were responsible for the legal conflict in that state (as an aside, I do not believe Elane Photography refused service simply because Willock was gay).

Because the bill wasn’t really necessary and a tangible threat in the form of an actual lawsuit against a Christian business owner was not in play, it was easy to see it as an irrationally spiteful measure (as I would see the actions of Vanessa Willock against Elane Photography, by the way). Now it is one thing to have to put up with the left-wing media’s triumphalism when we have a moral duty to make a stand, as Elane Photography and other businesses have; it is another thing to have to witness the spectacle of melodrama from the homosexual political movement and its straight allies as Brewer announced her decision. The passage, veto, and failure of SB 1062 gave aid to our enemies who would trample our religious liberties into dust, and did harm to our own cause. I do not blame Brewer for this. I blame imprudence on the part our well-meaning friends in Arizona. As the governor herself put it:

Senate Bill 1062 does not address a specific and present concern related to religious liberty in Arizona. I have not heard of one example in Arizona where a business owner’s religious liberty has been violated.

We must only fight battles that need fighting. Preemptive strikes didn’t work out too well for George W. Bush and they aren’t going to work out well for the social conservative movement. Right now this country is split – roughly half of it agrees with our basic proposition that the right to free exercise of religion and conscience outweighs a gay couple’s right to have any business they like participate in their gay weddings. If we push for unnecessary legislation against vague or non-existent threats and hand PR victories to the enemies of liberty, that balance could shift against us in short order.

The moral high ground never belongs to perceived aggressors. Only those who strike back in legitimate self-defense can strike with overwhelming force and the moral support of the people. If this lesson is not absorbed, then our cause will never prevail.

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Anzlyne
Anzlyne
Wednesday, February 26, AD 2014 10:42pm

Thanks Bonchamps

chris c.
chris c.
Wednesday, February 26, AD 2014 11:39pm

I respectfully disagree. It is the veto that sends the wrong message. I don’t think the people of Arizona acting through their legislature has to wait until the situation becomes critical to take proactive measures. This law would have sent a signal to state courts that protection of religious freedom was of paramount concern and that any infringement must be in the interest of a compelling state interest only. They can see in Arizona as we all can elsewhere that advocates of same-sex practices will stop at nothing to advance their agenda. State boundaries mean nothing to those pursuing legitimacy of the “gay” lifestyle at the expense of people of faith. There is no placating such a mindset and there are no lengths that activists will go to harass those who get in their way. The question is will they have the coercive power of the state to back them up. The veto of this bill suggests that in the future in Arizona, they will.

Philip
Philip
Thursday, February 27, AD 2014 4:59am

Leading up to her veto, do you believe any of the arguments that AZ was going to suffer financial blow-back if she would of allowed the bill to become law?

Anyone?

I found that argument absurd.

Philip
Philip
Thursday, February 27, AD 2014 5:14am

From the AP.
The national Hispanic Bar Asso. canceled its convention plans in AZ for 2015.

I just came across this on associated press. It wasn’t absurd afterall.

It’s sad that businesses that refuse to serve this lifestyle are going to be dragged into court on discrimination complaints. Because this hasn’t happened yet in AZ was a large factor in her decision to veto? I’m slow. Just catching up. Coffee soon.

T. Shaw
T. Shaw
Thursday, February 27, AD 2014 7:22am

The gay gestapo, again, wins.

Next, they’ll sue a parish for refusing to perform Nuptial Rites for a show, sodomy regularization.

A paltry, few (older religious) black Civil Rights leaders expressed outrage at the false comparison of this fake issue to Solid Democrat south Jim Crow/segregation – it’s a Democrat Party thing.

In America, Catholics no longer have any right.

TomD
TomD
Thursday, February 27, AD 2014 8:03am

“A paltry, few (older religious) black Civil Rights leaders expressed outrage at the false comparison of this fake issue to Solid Democrat south Jim Crow/segregation – See more at: https://the-american-catholic.com/2014/02/26/az-anti-gay-bill-vetoed/#comments

And they are right to do so. There is no way that the discrimination of most ‘protected’ groups in America today can be compared to that of slaves and their descendants.

But such is the heritage of the civil rights movement. That movement created two things that are not healthy in our body politic. The first is a template that can be followed by anyone who can claim some victimization from invidious discrimination, no matter how paltry (instead of the more reasonable view that the discrimination against blacks was unique and so the template should not have been reused). The second is an addiction to righteous emotions that requires the civil rights movement to never end.

Mary De Voe
Thursday, February 27, AD 2014 8:07am

(as an aside, I do not believe Elane Photography refused service simply because Willock was gay).” The repugnance of the gay militant agenda is enough to make gentle people avoid it. Its nasty demands covertly assume innocent homosexuals’ lives and smear the virtue of chastity as evil and against their so called license to unnatural marriage and freedom to sodomize each other…(then us).

Philip
Philip
Thursday, February 27, AD 2014 8:41am

TomD.
“The first is the template that can be followed by anyone who can claim some victimization from insidious discrimination…”

Except the unborn.

What a world.

TomD
TomD
Thursday, February 27, AD 2014 8:55am

I have mixed feelings about the AZ bill. A few weeks ago I basically supported such an idea. Today I am not so sure. Please permit me to lay out my reasoning.

It is obvious that homosexuals are using the power of the state to redefine marriage to their advantage (though it has been pointed out that the main advantage of gay marriage is gay divorce).

It is obvious that other radicals are waiting in the wings to add further redefinitions of marriage (poly-whatever) that will make marriage almost meaningless.

It is obvious that orthodox Christianity (Catholic, Eastern, and Protestant) considers marriage to be a ‘mystery’ or ‘sacrament’ that cannot be redefined in the manner that is now underway. Please note that I understand that some but not all Protestants are orthodox in their views on marriage.

So what is happening today, from a Christian viewpoint, is that the secular state is usurping to itself the power to define a sacrament. Arguably the state did this centuries ago when it began to issue marriage licenses and to prohibit clergy from officiating at marriages without a license. This legal power to redefine marriage have lain dormant until now, and the changes in Western societal mores are now driving the state to use this power.

If the state redefines marriage away from the Christian definition, and if the power of the state and of powerful non-state institutions such as the media are used to defend and propagandize the redefinition of marriage, then Christianity is to some degree being discriminated against, and persecuted. The state is telling Christians that their churches are wrong in a major question of faith and morals. Religious liberty is being undermined.

The only way out of this insipid persecution is to either return to the original civil definition of marriage, or for the state to get out of the marriage business entirely. The state could stop issuing marriage licenses, and issue only civil union licenses. Marriage thus becomes a purely religious institution. The Church defines marriage for me, and if you don’t like it you can go start your own church and have your own definition of marriage. I’m staying put.

Think about it. This is precisely what we do regarding the Eucharist. Different churches have different definitions about the Body of Christ. The analogy of the current situation would be that, say, the state has decided that the Lutheran definition is the correct one because it is more inclusive and non-discriminatory, and so the law will recognize it over the non-Lutheran definitions.

Today Christians who own businesses that serve the public do not discriminate against Lutherans or non-Lutherans. Today’s Christians do not even discriminate against heterosexual adulterers in their businesses. Is homosexuality really that different? Yes, today homosexuals are in the forefront of the de-Christianization of our society, but others (such as divorcees and unmarried contraception users) were in the forefront before them. I personally think that this is the real reason why the AZ bill was supported.

So, is the fight against gay marriage wrong for us to fight? No, it isn’t. But I would argue that the fight should not be against gay marriage per se, but rather against the state’s support of it. I think we need to say that our Church is important, and it’s teachings on family and sexuality are important, and that we therefore have to right to put our wagon train into a circle and demand the right to not change no matter how the anti-Christians deride us as “haters”. We must demand the right to not have the state cram the redefinition of marriage down our throats and to imply that it agrees with anti-Christians that we are “haters”. Since we have the right to resist all this, we have the right to oppose being forced to give business services to support this state redefinition of marriage.

In the final analysis, we cannot mount such a fight if we cannot be this particular about our reasons. We cannot use the legal power of the state to keep our society ‘good’ (think of the lack of ‘good’ in an improperly consecrated Eucharist), but our opponents need to see that they can’t use the state in a similar manner. At least over our dead bodies. Your thoughts?

Foxfier
Thursday, February 27, AD 2014 8:58am

I don’t like giving in to bullies, but I don’t think the bill was a good idea– it placed requirements along the lines of “prove it” on folks refusing service.

TomD
TomD
Thursday, February 27, AD 2014 9:04am

Philip, you are exactly right. The unborn and the profoundly mentally challenged cannot “claim” victim status or anything else without aid from another person. The great god Autonomy recognizes them not.

Mary De Voe
Thursday, February 27, AD 2014 9:43am

The devil is a liar. When a person says: “I Will, til death do us part”, gives informed consent freely without impediment and then changes his mind, recants his informed consent, his “I WILL, ’til death do us part”, he becomes a liar, a minion of the devil. A liar, a minion of the devil, cannot be trusted in a court of law, not in a church or a court of law without repenting his sin, his crime, his untruth.
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The truth is defended by the Catholic church and must be defended by the court of Justice. If an impediment exists, such as faulty consent, an annulment is given, saying that no marriage, no sacrament was brought to bear. Divorce says that a marriage, a sacrament exists, and that the Church or the state has the power to eradicate a sacrament or a contract made of a man’s free will.
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This is plainly a lie and son of a devil, any and every devil whose name is legion.

TomD
TomD
Thursday, February 27, AD 2014 9:56am

Mary, you want courts of law to recognize the existence of the devil? Why bother, they already recognize the existence of lawyers. (Sorry Don. Sorry Dad)

Philip
Philip
Thursday, February 27, AD 2014 10:04am

🙂 funny….but to easy a target Dave.

TomD
TomD
Thursday, February 27, AD 2014 10:16am

I know the-devil-and-lawyers is a trope, Philip, but I couldn’t help myself.

Philip
Philip
Thursday, February 27, AD 2014 10:22am

It’s funny until we need one!

TomD
TomD
Thursday, February 27, AD 2014 10:29am

We all need to think like lawyers. Jesus did command us to be “as wise as serpents” after all, even as he called on us to also maintain our innocence.

Donald R. McClarey
Reply to  TomD
Thursday, February 27, AD 2014 11:12am

“Mary, you want courts of law to recognize the existence of the devil? Why bother, they already recognize the existence of lawyers. (Sorry Don. Sorry Dad)”

“In Hell there will be nothing but law, and due process will be meticulously observed.”

Grant Gilmore

Michael Paterson-Seymour
Michael Paterson-Seymour
Thursday, February 27, AD 2014 11:22am

TomD

Here in Scotland, until 1940, the state did not regulate marriage. Marriage required —no notice, no formality and no record of any kind. Mere consent of parties, deliberately given, was alone sufficient to constitute a marriage without a moment’s delay without any consent of parents or guardians or any notice to them; add to which that a mere promise of marriage, followed by consummation, or a living together as man and wife, without either formal consent or promise, amounted also to a marriage, being deemed by operation of law to involve presumptions of consent.

As late as the 1980s, actions for declarator of marriage were a commonplace, often brought 40 or 50 years after the alleged event, usually when the man (it was mostly the man) had died. Widows and children, threatened with disinheritance often enough bought off claims that were little more than blackmail.

The reasons brought forward for changing the law were obvious:

1) As regards the rights and interests of the parties themselves, it is obvious that, in order to constitute marriage, the matrimonial consent should be given in a manner which secures previous deliberation, and that, whatever formalities the law may require in the mode of expressing consent, it should be so expressed that neither party can, at the time, entertain a doubt as to the validity of the engagement into which they solemnly enter.
2) As regards consequences affecting others the matrimonial consent should be given in a manner and accompanied with evidence easily accessible; so that the rights and interests of others may not be exposed to the imminent hazard which arises from any uncertainty with regard to the effects of previous latent subsisting engagements, whether arising from the fraud of one of the contracting parties, or from causes of a less culpable nature, in consequence of uncertainty attending the legal effects of previous conduct.
3) As regards the rights and interests of future generations, it is of the utmost importance that questions of legitimacy should be avoided, by rendering the proof of marriage so easily accessible, by means of public records, that the claims of future generations by inheritance in the course of lawful descent, may be traced in the most certain and effectual manner.

I consider these reasons for state regulation unanswerable

Foxfier
Thursday, February 27, AD 2014 11:41am
TomD
TomD
Thursday, February 27, AD 2014 12:22pm

Michael Paterson:

I’m not so sure that your points are unanswerable. Point #3 in particular would be moot in a society that cares not a whit for future generations, and shows its intent by contracepting and aborting them out of existence. And all of your points to one degree or another have been only weakly supported by modern ‘government regulation’ – the decay of the traditional family being the chief proof. If this is what marriage is for then government has largely failed.

But my main (halfhearted) point still stands: all of the positive things you argue for can be gained via civil unions. My argument is that we rename the civil institution of marriage to something else, and let government work toward its just goals through that something else. In the meantime we Christians get to have the marriage we want to have, and no one holding secular power can say we are wrong. Once government leaves the marriage arena the debate over the nature of marriage becomes a theological debate only.

Foxfier
Thursday, February 27, AD 2014 1:37pm

TomD-
when your solution involves the same goals as the Freedom From Religion foundation, perhaps you should re-examine them?

Incidentally, please stop slandering an entire culture based on the loud idiots. Yes, too many people sin sexually. That is no reason to dynamite the support for those who aren’t, or are trying not to.

TomD
TomD
Thursday, February 27, AD 2014 2:19pm

Foxfier: “when your solution involves the same goals as the Freedom From Religion foundation, perhaps you should re-examine them?”

I assume this group is one of those, as I put it above, are “radicals [who] are waiting in the wings to add further redefinitions of marriage (poly-whatever) that will make marriage almost meaningless”? Yes, you put your finger on the weak spot in this argument, which is why I am “halfhearted” about it: break the connection with Christian marriage, and the state will come to support ANY combination of legal relationships and will try and call it ‘marriage’. But, they are already doing this. I am making an argument similar to a damage control party who counterfloods a sinking ship: break the connection, and we just might save marriage, though only for us Christians. Haven’t you noticed that the ship is already sinking?

Slander is a rather strong word. Who did I slander and how? Slander requires untruthfulness. Where was I untruthful?

Foxfier
Thursday, February 27, AD 2014 3:55pm

I assume this group is one of those, as I put it above, are “radicals [who] are waiting in the wings to add further redefinitions of marriage (poly-whatever) that will make marriage almost meaningless”?

No.

They try to remove all religion from the public sphere.

Haven’t you noticed that the ship is already sinking?

1) No, it is not. It’s damaged, but not sinking. Even the “50% of marriages end in divorce” statistic is false.

Your solution is to look at the USS Cole, with a huge hole in the side, and decide the solution is to blow a hole in the other side, and then declare that those who say stop doing damage are fools who will kill us all because all is lost.

TomD
TomD
Thursday, February 27, AD 2014 9:40pm

Foxfier wrote: “Your solution is to look at the USS Cole, with a huge hole in the side, and decide the solution is to blow a hole in the other side, and then declare that those who say stop doing damage are fools who will kill us all because all is lost.”

A ship the size of the USS Cole lacks transverse bulkheads, so they do flood all the way to the other side when holed, but on larger naval ships that is almost precisely what damage control teams do, though they don’t actually blow a hole. I brought up the analogy because of your “when your solution involves the same goals as the Freedom From Religion foundation, perhaps you should re-examine them” comment. It occurred to me that years ago the Imperial Japanese Navy strove to flood U.S. Navy ships, and U.S. Navy damage control strove to flood them, and so the uninitiated would think that the IJN and USN goals were the same. They both flooded the same ships, right? Therefore, it does not logically follow that an idea of mine is suspect because a spiritual enemy of ours advocates it. My reason is not their reason, and I think I was clear on that.

BTW, a fun digression: naval architects will tell you that the first priority in designing a ship is “that it does not sink”. A no-brainer, right? The second priority is “that if it sinks the people can get off it”. Paramount to this second priority it to avoid designs that could cause a ship to turn turtle. The U.S. Navy refused to allow transverse bulkheads in cruisers, and felt vindicated after a few Royal Navy cruisers turned turtle in WW2. Better to flood a ship all the way across than to lose a crew.

TomD
TomD
Thursday, February 27, AD 2014 9:51pm

Oh, one more thing. The “ship” I hade in mind for sinking is not the Church, that is in fact growing around the world. It is our Western society that is sinking – remember that current German birth rates will lead to the extinction of Germans by 2500 AD, and the Western elites who think this is a good thing to emulate have their countries on the same path, only slower. I don’t think it need sink, damage control is still possible, and it ought to be saved. But it is slowly sinking.

Foxfier
Thursday, February 27, AD 2014 9:53pm

They both flooded the same ships, right? Therefore, it does not logically follow that an idea of mine is suspect because a spiritual enemy of ours advocates it. My reason is not their reason, and I think I was clear on that.

It does not matter what your reason was, when your result is the same.

Major difference being, ie, when those who flood both sides are there is still a ship, while when you blow out the other side the wounded ship sinks.

Foxfier
Thursday, February 27, AD 2014 10:20pm

Your original point was on “society”.

Which, amazingly enough, I am a member of– and which has not even hit a 50% failure rate, let alone an “abandon all hope” type failure rate.

I frankly do not give a fig what assumptions based on people doing the same blessed thing they’re doing right now for five hundred years would result in, because past evidence holds that PEOPLE DON’T KEEP DOING THE SAME THING FOR FIVE HUNDRED YEARS.

Mary De Voe
Thursday, February 27, AD 2014 11:30pm

“In Hell there will be nothing but law, and due process will be meticulously observed.” Grant Gilmore .
Jesus descended into hell. The laws of hell refused Him entrance. Jesus took the patriarchs and ascended into heaven.
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“when your solution involves the same goals as the Freedom From Religion foundation, perhaps you should re-examine them?”
.
The Freedom From Religion Foundation can say nothing to me or to the courts or to the state.
Atheists are tolerated. Atheism is unconstitutional. The First Amendment: “or prohibit the free exercise thereof” is freedom of religion to me in the public square.
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God gives us this: genius
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“The Civil Rights Acts that banned discrimination on the basis of race by private vendors were unusual legislative acts based on an unusual situation: state governments that mandated such discrimination by private businesses. It took government action to break down such government mandated discrimination. Absent such government mandated discrimination, I think most Americans, if they truly ponder it, would be all in favor of businesses discriminating in some cases. For example, I assume few people are against restaurants discriminating against nudists by mandating clothes. I imagine few Americans would feel comfortable telling a black owned barbecue restaurant that they must cater a Klan rally. A Jewish run deli really should not be required to provide take out for the group calling for divestiture from Israel. I am not going to represent the owner of an abortion clinic under any circumstances. In theory Americans might be against private discrimination in commerce, but when it comes down to actual cases, I suspect that almost all Americans are not non-discrimination absolutists. When businesses discriminate they of course run the risk of losing customers, but freedom of the consumer goes along with freedom for the vendor.”

– See more at: https://the-american-catholic.com/2014/02/27/private-discrimination-is-as-american-as-apple-pie/#sthash.6tZ6zQzl.dpuf
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Laws that the government makes and that are or that become unjust, the government must unmake. Otherwise, government used to engineer its citizens through corrupt laws is government without law.
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Capitalism, like social Justice, is about giving to persons what they truly need as opposed to what they want.
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Do gays need unnatural marriage? Or cakes for their counterfeit vows? Does the gay agenda need to arrogate the office of husband or wife and militate against virtue? Does gay addiction lead to happiness?

TomD
TomD
Thursday, February 27, AD 2014 11:32pm

Foxfier, past evidence shows that people often DO do the same thing for five hundred years. And you know what? Even if they don’t the damage is often irreversible. Europe is dying, the birthrate implosion is real and will not change unless there is Divine intervention. America is not dying but there are those here who want us to be like Europe. If you are going to argue these facts are wrong then I’m simply going to give up on you.

TomD
TomD
Thursday, February 27, AD 2014 11:40pm

Thanks Mary for reminding me that I have to read that “apple pie” article. I’ve been away for much of the day.

When I took my business law courses the first thing I was told was that “law creates discrimination”, and the section you quote shows that very well. This fact is why civil right law is based on outlawing “invidious” discrimination – in effect civil rights law discriminates among different discriminations: a few are bad, but most are good.

Mary De Voe
Thursday, February 27, AD 2014 11:41pm

Tom D.
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Lying in a court of law is still called perjury. The child is evidence of the marital act between a man and a woman. It is no small reason why abortion is prevalent. The courts may uphold the marriage vow as a legal contract between two persons.

Mary De Voe
Thursday, February 27, AD 2014 11:56pm

“3) As regards the rights and interests of future generations, it is of the utmost importance that questions of legitimacy should be avoided, by rendering the proof of marriage so easily accessible, by means of public records, that the claims of future generations by inheritance in the course of lawful descent, may be traced in the most certain and effectual manner.”
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Somewhere I learned that any child born into a marriage, although he may be illegitimately begotten, is a child who is legally a member of that family.
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“I consider these reasons for state regulation unanswerable”
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If you mean, Michael Paterson-Seymour, that the state has nothing to say about the matter, except to uphold the law, you are correct.

Michael Paterson-Seymour
Michael Paterson-Seymour
Friday, February 28, AD 2014 4:20am

TomD

A great Scottish judge. Lord Meadowbank famously declared (Gordon v Pye (1814)) that private pacts “cannot impede or embarrass the steady uniform course of the jus publicum, which, with regard to the rights and obligations of individuals affected by the three great domestic relations, enacts them from motives of political expediency and public morality and nowise confers them as private benefits resulting from agreements concerning meum et tuum, which are capable of being modified and renounced at pleasure. Accordingly, the case of Campbell of Carrick in rejecting the competency of any personal objection to bar a pursuer of declarator of marriage establishes by the highest authority the incompetency and inefficiency of any obligations, not sanctioned by the common law, to operate on matrimonial rights.”

Speaking of foreign marriages, he said, “Matrimonial rights and obligations, on the contrary, so far as juris gentium, admit of no modification by the will of parties and foreign courts are therefore nowise called upon to inquire after that will or after any municipal law to which it may correspond. They are bound to look to their own law and it is with all deference thought to be in a particular degree contrary to principle to make that law bend to the dictates of a foreign law in the administration of that department of internal jurisprudence, which operates directly on public morals and domestic manners… This category of law does not affect the contracting individuals only, but the public and that in various ways; and the consequences would prove not a little inconvenient, embarrassing and probably even inextricable, if the personal capacities of individuals, as of majors or minors, the competency to contract marriages and infringe matrimonial obligations, the rights of domestic authority and service and the like were to be qualified and regulated by foreign laws and customs, with which the mass of the population must be utterly unacquainted.”

This applies with equal force to the notion that every sect might establish its own laws governing these matters.

Philip
Philip
Friday, February 28, AD 2014 5:17am

Tom D.

Apology owed. I mis-quoted you.
Unintentional. Invidious! “insidious” was used. Excuse me.

Mary DeVoe.

“Freedom of the customer goes along with freedom of the vendor.”
It makes sense.
So the Gay mafia is feeling the power swing that’s been propelling their agenda, so they are riding the wave and complaining in a court of law whenever they feel insulted?
This is honestly more of a offensive move on their part then defending themselves aginist discrimination.
It’s part of the war on Christian values.

Elaine Krewer
Admin
Friday, February 28, AD 2014 6:18am

Have there been any cases of devout Catholic vendors being sued for refusing to cater/photograph/host, etc. the wedding or reception of a couple who had been divorced (without obtaining a decree of nullity) from their previous spouses, or who were otherwise marrying outside the Church? According to Catholic teaching, those unions are also not true marriages and Catholics must not endorse or cooperate in them. The usual pastoral counsel for individuals in these cases is either 1) decline to attend or participate in the wedding or reception and don’t send gifts because that would be cooperating in a sinful act, or 2) attend in order to keep family peace but make clear ahead of time that you believe their action to be morally wrong.

That said, I’ve never personally heard of a Catholic photographer, caterer, etc. asserting or being told that he/she has a moral obligation to refuse service should he/she discover that the couple in question are Catholics marrying outside the Church. Nor have I ever been told that a Catholic court clerk has a moral obligation not to sign off on marriage licenses for couples remarrying after divorce or Catholic couples not marrying in the Church (provided, of course, that they KNOW the couple is in this situation — which is one significant difference, a same-sex couple is always obvious while a male-female couple attempting a marriage not sanctioned by the Church isn’t.)

I bring this question up for two reasons: first, to discover whether there have indeed been any such cases that I just don’t know about, and second, to make the point that if Catholic vendors, etc., have not previously shown any moral qualms about serving opposite-sex wedding ceremonies that, according to their beliefs, were illicit, might that not be undermining their present argument that they have a grave moral obligation to refuse same-sex couples? And if that’s the case, does this mean that for consistency, maybe Catholic vendors need to also start being more selective about which “traditional” opposite-sex couples they serve? Or maybe just not do weddings at all except as a personal favor to people they know and trust? For example, if a baker normally just sold regular baked goods and didn’t advertise to the public that they had any means for doing wedding catering.

Philip
Philip
Friday, February 28, AD 2014 8:05am

Elaine.
You ask good questions.
A baker having to be worried about being sued if they decide to protect their conscience. Weird times.
Here’s one; From Vision to America this morning. The girl scouts named their NYC “Girl Experience Officer” as Krista Kokjohn-Poehler. An openly gay/lesbian who has a partner, and now holds this interesting title in the organization.

Girl experience officer. Watch your cookies. As for our family…no thanks.

TomD
TomD
Friday, February 28, AD 2014 10:27am

Hi Elaine! You wrote “…second, to make the point that if Catholic vendors, etc., have not previously shown any moral qualms about serving opposite-sex wedding ceremonies that, according to their beliefs, were illicit, might that not be undermining their present argument that they have a grave moral obligation to refuse same-sex couples?”

That is very much the point that I making in a more backhanded way, although I mostly cited the Eucharist as the affected sacrament. I think this is a very valid point. And why did it happen? Because people see the possibility of conflict between standing up for church teaching and charity. They did years ago, of course, but charity didn’t win out as often as it does today. Oh, and I am deliberately using today’s definition of charity, since the very valid concept of “false charity” have very little traction anymore.

So, if Christian business owners serve illicit heterosexual ceremonies, can they logically still reject homosexual ceremonies? Up until now they have, and they have justified it on natural law arguments, which tell us that homosexuality IS different. Natural law has, not coincidentally, come under attack. The ABA, for example, has done its best to remove natural law as a philosophical underpinning of constitutional law, which is why courts so rarely cite the Declaration of Independence anymore. Many people today still basically follow in natural law for judgment on the morality (or lack thereof) of homosexual acts, but thanks to pro-homosexual propaganda have trouble using it in discriminating circumstances.

Foxfier
Friday, February 28, AD 2014 10:36am

Foxfier, past evidence shows that people often DO do the same thing for five hundred years

Where?

Where is your past evidence that it is reasonable to expect Germany to be depopulated in 500 years due to the birth rate not changing at all in that time?

Mary De Voe
Friday, February 28, AD 2014 10:41am

Philip: “Mary DeVoe. “Freedom of the customer goes along with freedom of the vendor.”
This common sense comes from Donald McClarey.

Michael Paterson-Seymour
Michael Paterson-Seymour
Friday, February 28, AD 2014 11:21am

Elaine

It could be that Catholic moral theologians have often taken a generous view on when “remote material co-operation” is permitted, with a suitable “direction of intention.”

The 17th century Casuists were very lenient. Thus, Étienne Bauny SJ says, “Let confessors observe that they cannot absolve servants who perform base errands, if they consent to the sins of their masters; but the reverse holds true, if they have done the thing merely from a regard to their temporal emolument.” He instances carrying letters and presents to the ladies their master wishes to seduce.

Similar considerations apply to tradesmen. So, according to Vincenzo Filliucci SJ, a locksmith may sell picklocks and skeleton keys to a thief, for use in his general business as a housebreaker; he is not complicit in the sins the thief subsequently resolves to commit with them. It is otherwise, if the locksmith copies the keys of a particular house that he knows the thief is planning to break into. In that case, he is art and part of the particular theft.

I am sure the theologians could have relieved the scruples of florists and bakers.

Philip
Philip
Friday, February 28, AD 2014 11:39am

Mary DeVoe
and
Donald McClarey.

Thanks. I didn’t realize it was Donald’s comment.

TomD
TomD
Friday, February 28, AD 2014 11:56am

Foxlier, many people, including Germans, allowed their societies to be anti-Semitic in one form or another for more than 500 years. Islam as practiced by many has been a destructive societal force for far more than 500 years. I could name others. So I can conclude that it is possible for the modern Western pseudo-utopia to provide for the next 500 years the contraception and abortion and television and vacations that will basically eliminate their populations.

BTW, you have a bad habit of misrepresenting my statements. I did not maintain that Germany will be depopulated, and even by inference depopulation is not the most reasonable conclusion. Germans will not disappear by dwindling to four, then two, then one. They will disappear because they will intermarry with their more numerous replacements.

TomD
TomD
Friday, February 28, AD 2014 12:10pm

Michael Paterson-Seymour: I agree with Lord Meadowbank on civil marriage. I don’t think his view is really counter to mine, which is that an ahistorical Lord Meadowbank cannot use Scottish law to tell the Church what the nature of Christian marriage is, and that the Church has every right to resist the ahistorical Lord Meadowbank’s attempts to better it in moral and sacramental theology.

I really liked your post on the Casuists. There is so much to history.

Foxfier
Friday, February 28, AD 2014 12:22pm

You said:
It is our Western society that is sinking – remember that current German birth rates will lead to the extinction of Germans by 2500 AD, and the Western elites who think this is a good thing to emulate have their countries on the same path, only slower.

This is not on par with “being anti-Sematic, in one form or another” nor is it on par with “being Islamic.”

You also then accuse me of misrepresenting you because:
I did not maintain that Germany will be depopulated, and even by inference depopulation is not the most reasonable conclusion.

So you believe the Germans will be extinct based on extrapolating current birth rates if they go on for 500 years, but the only evidence you can offer are ideas?
I suppose I should be glad you didn’t decide to defend it by saying “people have been eating for a long time!”

You have not defended your claim, and your false accusation that I am misconstruing you is just silly.

TomD
TomD
Friday, February 28, AD 2014 1:45pm

Don, what do you think is up with this Foxfier? A troll, a paid troll, or what? I normally reply to posts like these because I assume that a teen might be reading it, but this baiting has gotten out of hand.

Donald R. McClarey
Reply to  TomD
Friday, February 28, AD 2014 1:52pm

Foxfier is a co-blogger TomD and a master at combox to an fro. This blog is as much hers as it is mine.

TomD
TomD
Friday, February 28, AD 2014 1:56pm

OK, I agree, I clicked on the avatar and found the Head Noises site, so its legit. But I’m sorry, I’ve counted two serious misrepresentations, so I see nothing masterful about this. Hyperbolic misquoting does not engender respect from the quoted.

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