Patrick Fagan

The Supreme Court’s first assault on marriage

Patrick Fagan
By Patrick Fagan

March 19, 2013 (thePublicDiscourse.com) - This year, the Supreme Court will render judgment on the institution of marriage. Though most of us don’t realize it, the Court first did so forty-one years ago in Eisenstadt v. Baird, a decision that gravely wounded marriage and set the nation on a course of gradual debilitation by ruling that states could not restrict the sale of contraceptives to unmarried people.

In its forthcoming decision, the Court may give marriage the legal coup de grace. Or it may surprise us, redeem itself, and use the occasion to correct the drift of legal thought on sexuality, marriage, and the rights of children. All three are inextricably linked.

In Eisenstadt, the Court overturned Massachusetts state law and pulled new sexual rights for singles out of a hat—but gave no standing to the child born of pre- or extra-marital sex. The Court played God by redefining the purpose of sexuality. In the process it unleashed sex’s destructive power detached from marriage. The Court could see rights to contraceptives in the “shadow” of the Constitution but could not see what a blind man could: the right of every child to married parents.

Having set chaos in motion in Eisenstadt, the Supreme Court quickly built the garbage bin for dumping sexual debris in Roe v. Wade, which gave a green light to the killing of 55 million unborn children, the overwhelming majority of whom were conceived by those unmarried singles with new access to contraceptives.

Eisenstadt also denied the community its natural rights—demands of the social order—that parents take care of their children in marriage. Since then, the community has been paying to raise children born outside wedlock. The cost comes in the form of welfare, food stamps, Medicaid, supplementary education, costlier child and adult health bills, more prisons, addiction centers, and mental health services. The list goes on and on, now cumulatively and possibly to the tune of trillions of dollars.

When two unmarried people have a child, their commitment to each other becomes more difficult to turn into marriage. The vast majority will break up within the following five years, even if they currently cohabit, leaving the commons to make up the difference—which it can only partially achieve, at best.

Post-Eisenstadt, many social policies were quickly abused as many young women learned how to game the system. Policies such as welfare payments, food stamps, and housing, all designed to help the family and society by subsidizing a mother’s physical needs on a per child basis, ultimately undermine these families by not requiring marriage as a condition of support.

Tragically, at this point in our history, almost all of these children and grandchildren cannot conceive of any other family life except single parenthood combined with serial cohabitation. Instead of intact, married families, we have matriarchal lines of poverty and strain, with men and fathers cast outside, somewhere.

With Eisenstadt, the Court dismissed marriage as the basic institution for begetting and raising children, and in a couple of pages of writing, rendered obsolete the experience of millennia. Prior to that time, those who intended to raise children together were expected by tradition, common sense, and culture to marry first. The law protected these expectations.

The Court also seemed totally unaware that society’s fundamental institutions—family, education, marketplace, government, and religion—are interdependent. This interdependence plays out in the raising of children. They grow quickly to become the actors in each of these realms, and if they come from broken families, they generally bring lessened capacities to these tasks in their own lives and to the institutions involved in the functioning of society.

Thus, in a well-ordered society sex and marriage go together exclusively, because the union of male and female sexual expression must be undertaken in a union that binds them in advance of the coordinated labors needed to raise the children they may bring into the world. To achieve this, a functioning society demands that each citizen channels his sexual capacities in ways appropriate to these two tasks (procreation and child-raising). That is, it demands marriage.

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The core strength needed to do this is chastity, a virtue always necessary but expressed differently at different stages in life—when single, when courting, and when married. Functional societies foster chastity and sanction its violation. But in Eisenstadt, the Supreme Court threw chastity out the window by endorsing premarital sex at a constitutional level.

Another aspect of the decision casts the Court in even worse light. The main architect of the legal strategy to bring this matter to the Supreme Court, and the chief shepherd and amicus curiae for these new political rights for singles, was Planned Parenthood. Most have not perceived this connection, but Planned Parenthood needed this decision to pursue its vision of family planning. It already had funding from Congress, but it needed the Court’s decision to distribute contraceptives to singles. This it quickly did, and in the process gained vast amounts of money, both directly from program funding and indirectly from grants given by foundations tied to the contraception industry. The fruits of its work are today most visible in the old inner cities: multigenerational single-parent families, all beneficiaries of “family” planning.

We are coming up on fourth-generation fatherless families begotten since Eisenstadt, as many inner-city families start when a 16-year-old girl becomes a mother. These families produce boys who have little chance of becoming men. Indeed, each successive generation is less capable than the one preceding it. Worse still, as Andrew Cherlin of Johns Hopkins University uncovered in his research, the current norm in their home is a new man in the mother’s bed every 18 months.

The effect of this on the men, the women, and most especially on the children, is at times too awful to contemplate. The fruits are poverty, sexual chaos, sexual abuse, lack of identity with a father, and incapacity to be a man capable not only of marrying, but also of caring for himself or a wife or a family, and the incapacity of the woman to be a wife.

For the children of these multigenerational poor families, the results are grim: unprecedented levels of abuse, both physical and sexual, and ill health, disease, and abandonment of children by their genitors. It is a pity that the Supreme Court cannot be presented with a massive class-action lawsuit by the inner-city poor, because they can easily point to its decision as a main culprit in their poverty and suffering.

In America, the chaos from Eisenstadt must eventually be checked. If not by the Supreme Court and Congress, then by whatever government will follow after the collapse of our present order. Sexual license and republican liberty cannot live together. One of them will supplant the other. Either we become a sexually restrained people—a form of self-control needed for institutions that depend on liberty—or, as we become more and more sexually unrestrained, we will need the all-helping state to do what we won’t be able to do for ourselves and our children.

Today, only 45 percent of American 17-year-olds belong in an intact married family with both birth parents. Fifty-five percent do not: Their parents have rejected them and walked away from each other—whether at their birth, after cohabiting, or through divorce—and the price they pay comes in the form of life-long reduced personal capacities.

Given that our most recent out-of-wedlock birth rate is around 42 percent, and given the cyclical nature of family brokenness, the Index of Family Belonging is guaranteed to deteriorate each year for at least the next seventeen unless a national miracle happens. This would be something on the order of a Great Awakening: not only an awakening to God, but also to the dignity and duties of being male and female, husband and wife, father and mother, and to the child’s inalienable right to the marriage of his biological parents.

With Eisenstadt v. Baird, the Supreme Court rejected the experience of millennia and set in motion the gradual weakening of America. Future generations may rank this as the single most destructive decision in the history of the Court. Will the forthcoming decisions in Hollingsworth v. Perry and United States v. Windsor be ones that rank right alongside it, by delivering a legal coup de grace to marriage? Or will this Court be known for beginning the restoration of sexual and family sanity by preserving and protecting the core of society?

Patrick Fagan is Senior Fellow and Director of the Marriage and Religion Research Institute at the Family Research Council. This article reprinted with permission from The Public Discourse.

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Cardinal Renato Martino
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Church doctrine on marriage ‘cannot change’, but some bishops will try: Cardinal Martino

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By Hilary White

In a lengthy interview in an Italian Catholic paper, a former Vatican ambassador to the UN has said that any change to the Catholic doctrines surrounding marriage and sexuality is impossible. Cardinal Renato Martino has joined an impressive list of high-ranking prelates to say that the Synod cannot alter Catholic doctrine.

The cardinal told La Nuova Bussola Quotidiana there will “certainly” be presentations from bishops at the Synod “that do not correspond with the doctrine of the Church, but in the end, it will not be able but to reaffirm what the Church has always said about the family.”

“The Church cannot change what it has always proclaimed,” said Martino, a veteran of many battles to defend the unborn and the natural family at the international level.

“I believe that the Synod will be an opportunity to throw down the challenge – the Church’s traditional teaching on the family will be made clear,” the cardinal said.

He said he is “tranquil” as to the outcome of the Synod, which normally results in an apostolic exhortation, written in the name of the pope, but expressing the opinion of the assembled bishops.

A meeting of cardinals in February sparked an ongoing uproar throughout the Church when Cardinal Walter Kasper, who had been hand picked by Pope Francis to present the keynote address, suggested a “solution” for Catholics who are divorced and civilly remarried, to allow them to return to the reception of Communion without changing their lifestyles.

The Church, however, has always taught, in keeping with the words of Jesus in the Gospel, that marriage is a permanent state that can only be dissolved by the death of one of the spouses. A civilly remarried person is, in the eyes of the Church, in a state of mortal sin as an adulterer, and cannot receive Communion until he has repented and received the sacrament of reconciliation. The suggestion has since been furiously denounced by leading prelates as impossible and a “solution” that would be disastrous for both the Church and for the spiritual state of the Catholics involved.

Martino affirmed that he knows the pope well, saying, “I believe that Francis is a lot like John Paul II, in faithfulness to the Church’s teaching. For Francis, the family is fundamental too. Moreover, a Pope cannot do new things, never before heard of. It is only the style that changes, but the doctrine is what it is and the pope must proclaim it.” 

Catholic teaching and Catholic practice are two different matters, however, and some are expressing concerns that a de facto change could be achieved simply by attrition. Patrick Archbold, a Catholic blogger and columnist for the National Catholic Register, warned that the application of the teaching is likely to be left in the hands of the very bishops and national conferences who have been agitating for change.

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Archbold expressed fears, coming from many quarters, that the Synod could easily be a replay of the debacle over the Church’s teaching on contraception. In 1968, Pope Paul VI clearly laid out the doctrine on birth control in the encyclical Humanae Vitae, but it was ignored and undermined in practice by bishops at the local level for the next five decades, with the pulpits remaining silent as the Sexual Revolution charged forward.

Archbold writes at his blog, Creative Minority Report, “When introducing doctrine-undermining change into the Church, the last thing you want is to be clear that is what you are doing.”

Instead of any explicit departure from the Church’s teaching, he said he expects a document that will “include language about the pastoral care of souls in troubled situations, but it will be generally orthodox.”

“But at some point…they will recommend the Bishops conferences to study and implement pastoral guidelines to help those in this situation.” These are the same bishops conferences, he said, who have made laxity in teaching on sexual morals the norm throughout the Church.

He expects, “No mandate, no direct assertions on what to do, but just a call for Bishop conferences to study the problem and implement pastoral practices in line with the synodal documents. That is when the horse will be permanently out of the barn.”

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Gov report: 1,036 ObamaCare plans illegally fund abortions

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By Dustin Siggins

Co-written by Ben Johnson

An internal government watchdog agency has found that – despite promises from President Obama and legal language in the Affordable Care Act (ACA) – some 1,036 ObamaCare insurance plans are illegally paying for elective abortions.

The Affordable Care Act requires that insurance companies take up a separate, $1 surcharge to cover abortion. However, the majority of the issuers examined by GAO violate the payment structure, and use federal health care subsidies to cover elective abortions.

“Every ObamaCare taxpayer subsidized health insurance plan in New Jersey, Connecticut, Vermont, Rhode Island and Hawaii pays for abortion-on-demand,” said the office of Congressman Chris Smith, R-NJ, the co-chairman of the Bipartisan Congressional Pro-Life Caucus.

On Monday, the Government Accountability Office (GAO) reported that out of 18 insurance issuers it sampled for the report, 15 "indicated that the benefit [of abortion] is not subject to any restrictions, limitations, or exclusions." The issuers provide "nearly one-quarter of [qualified health plans] covering non-excepted abortion services" in 28 states that do not restrict abortion coverage via health insurance plans more than the ACA.

The pro-life movement expressed outrage at the violation of the law.

Mary Harned, staff counsel for Americans United for Life (AUL), said that the ACA's language "is unambiguous – 'separate payments' are required. Yet insurance issuers are not collecting separate payments. In fact, the Obama administration is telling issuers that they do not need to collect two checks. When issuers seek guidance from the Centers for Medicare & Medicaid Services (CMS), they are told that they can merely itemize the amount of a premium that will be used to pay for abortions."

The Department of Health & Human Services (HHS) responded to the GAO's revelation by saying it will try to offer clearer explanations of the rules.

But Harned said the government is deliberately allowing states to skirt the law. "GAO uncovered evidence that at least one state department of insurance was unaware that issuers needed to file their plans for segregating the abortion premium from taxpayer funds with the state. At least two issuers indicated that they had not filed segregation plans, and at least one was not aware of any direction by the state to file such a plan.”

Americans should not have to finance abortion unwittingly through their insurance premiums, pro-life leaders said – a fact already codified into law.

“The American people should not be forced to purchase an Obamacare health care plan before they are able to find out what is in it,” said Tony Perkins, president of the Family Research Council. “Americans should not be forced to play a game of moral Russian roulette when they select a health care plan.”

Susan B. Anthony List president Marjorie Dannenfelser said that “ObamaCare breaks from the long tradition of the Hyde Amendment, which has prevented taxpayer funding of abortion with broad public support, and was not included in the law.”

She added that the disclosure proves that several vulnerable Democratic senators "voted for taxpayer funding of abortion in ObamaCare."

National Right to Life Committee Legislative Director Douglas Johnson agreed, “Those really responsible for this scandal are the lawmakers, such as Mary Landrieu of Louisiana, Kay Hagan of North Carolina, Mark Begich of Alaska, and Mark Udall of Colorado, who voted against the pro-life amendment that would have prevented this massive federal funding of abortion-covering plans, as well as those who voted to enact the bill after the amendment was rejected, such as Mark Pryor of Arkansas.”

Dannenfelser, Perkins, and others says that Congress should correct this situation by passing the "No Taxpayer Founding of Abortion Act," introduced by Congressman Smith.

In a series of statements, Republican House leaders condemned the government funding of abortion.

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House Speaker John Boehner said that the Obama administration “repeatedly denied congressional requests for its public release.”

House Majority Whip Steve Scalise of Louisiana said, "Many of us argued at the time ObamaCare passed that it would funnel taxpayer dollars to elective abortions, despite President Obama’s repeated broken promises to the contrary. This independent report validates our claims and proves that yet another ObamaCare promise has been broken.”

He called the news "the most recent in a string of ObamaCare broken promises to the American people."

The Obama administration has side-stepped the issue of which ObamaCare plans fund abortion since the passage of the ACA. Last October, and again in December, then-HHS Secretary Kathleen Sebelius was grilled by pro-life Congressmen about whether Americans would be able to determine if their insurance plan funds abortion.

“I don’t know," Sebelius answered. "I know exactly the issue you’re talking about. I will check and make sure that is clearly identifiable.”

Penny Nance, president of Concerned Women for America, said, “For a president who claims to pursue the most transparent administration, he continues to reject calls to shed light on what exactly is in plans on the health care exchange.”

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Lisa Bourne

Catholic Relief Services: We’re ‘proud’ that we don’t discuss faith

Lisa Bourne
By Lisa Bourne

While some pro-life activists are criticizing Catholic Relief Services (CRS) after a high-ranking executive said last month that the agency is “proud” they do not discuss faith with the people they serve, CRS itself is defending the statement, saying it was misinterpreted. 

The controversy began when Bill O’Keefe, CRS’ vice-president for government relations and advocacy, told CNN’s Belief Blog, “We assist people of all backgrounds and religions and we do not attempt to engage in discussions of faith."

“We’re proud of that. We like to say that we assist everybody because we’re Catholic, we don’t assist people to become Catholic,” he added in the August 9 piece.

“We assist people of all backgrounds and religions and we do not attempt to engage in discussions of faith."

The statement drew criticism from Catholic pro-life and pro-family groups, who said the comments are another sign that the U.S. Bishops’ foreign relief agency has shed its Catholic identity and effectively operates as a secular NGO.

“How great is it that Catholic Relief Services is serving the poor and marginalized in dangerous areas of the world,” Father Shenan Boquet, president of Human Life International, told LifeSiteNews. “Yet how sad that CRS spokespeople again boast that they do not preach the Gospel love of Jesus Christ, as a matter of policy.”

“This is so radically out of line with what Pope Francis has repeatedly said,” Father Boquet added, “and is something that Pope Benedict warned against in both Deus Caritas est and Caritas in Veritate.”

“For CRS to be ‘proud’ of the fact that it doesn't evangelize may help it to get grants from the federal government," said Steven Mosher, president of Population Research Institute. "After all, such activities are specifically forbidden to federal grantees. But it is an abdication of their responsibility as Catholics - really everyone's responsibility as Catholics - to spread the Gospel."

Michael Hichborn, director of American Life League’s Defend the Faith project, agreed.

“The bottom line is that there can be no division between charity and the work of evangelism,” he said.  “But CRS just stated that it is ‘proudly’ doing just that.”

Hichborn told LifeSiteNews he believes the statement highlights the fact that for CRS social works supersede evangelization.  

But in reality, he argued, charitable works “are the loving tools by which we evangelize. Any act to divorce evangelization from works of charity neuters the Church and relegates charity to mere philanthropy. Catholic Relief Services, by their own admission, is content to feed bodies and starve souls."

CRS responds to criticisms

Paul Eagle, CRS’ communications director, suggested that O'Keefe's statement was misunderstood, telling LifeSiteNews that their work is a clear example of not proselytizing, but preaching the Gospel through works.

“We are indeed proud that we witness the Church’s mission and the call of the Gospel to care for those in need, regardless of who they are or what they believe, through the work that CRS does every day,” he said. “This is a central part of the Church’s evangelizing mission, but it does not include proselytizing or requiring that people become Catholic to receive our assistance.”

Eagle told LifeSiteNews that CRS follows St. Francis of Assisi, who has been reflected in the leadership of Pope Francis. He pointed to a famous quotation that is often attributed to St. Francis, which goes, "Preach the Gospel at all times. When necessary, use words."

“Our work is a clear example of not proselytizing, but preaching the Gospel through what we do,” Eagle said.

Eagle directed LifeSiteNews to a CRS web page which states that CRS “rejoices in” the encyclical Caritas in Veritate, and has grown in a deeper understanding of its mission through study and reflection on Benedict’s earlier encyclicals Deus Caritas Est and Spe Salvi

Eagle also pointed to the CRS initiative, “Impact Investing,” saying it contains a response to Pope Francis’ Evangelii Gaudium.

Pro-life critics cite papal support

But Father Boquet said a policy banning discussions of faith or preaching the Gospel is clearly opposed to Catholic teaching on charity.

“This is a radical departure from how the Church has always understood her essential charitable and missionary work,” he said.

He quoted Pope Francis in his first homily as pope: “We can walk as much as we want, we can build many things, but if we do not profess Jesus Christ, things go wrong. We may become a charitable NGO, but not the Church, the Bride of the Lord,” the pope said.

Pope Francis has repeated this theme several times, most recently in June of this year, said Father Boquet. At that time, “he said that the Church cannot just be a ‘well organized NGO,’ or just some institution with people who are ‘fans’ of being Catholic.”

Boquet and the other pro-life critics pointed out that several recent popes have written at length on the need for evangelization to remain at the heart of its charitable work.

“This is a radical departure from how the Church has always understood her essential charitable and missionary work."

In Evangelii Nuntiandi Pope Paul VI wrote that generous Christians are often tempted to reduce the Church’s mission to the realm of the temporal, downgrading it to be man-centered. The Holy Father said in that document that this reduction to a focus on material well-being would mean the Church would lose her fundamental meaning.

Pope Benedict XVI echoed this teaching in Deus Caritas Est, stating, "The entire activity of the Church is an expression of a love that seeks the integral good of man: it seeks his evangelization through Word and Sacrament."

In Caritas in Veritate, Pope Benedict cited Pope Paul VI, writing that Christian charity is “part and parcel of evangelization,” because, “Jesus Christ, who loves us, is concerned with the whole person.”

Many CRS employees not Catholic

Mosher also highlighted Pope Benedict’s motu proprio titled ‘On the Service of Charity,’ which he said “is quite clear in that the work of Catholic charities should be grounded in the Mass and the Sacraments, which implies evangelization.”

The CNN Belief Blog article also reported that CRS “doesn't even like” to be labeled missionary because of the word's association with evangelizing, stating:

Though Catholic Relief Services says it is motivated by the Gospel to embody Catholic social and moral teaching, it does not preach to the people it helps.

In fact, you don't even have to be Catholic to work for Catholic Relief Services. Among its 4,500 workers are many Muslims, Hindus and members of other religions, said Bill O’Keefe, the organization’s vice president of advocacy.

Eagle told LifeSiteNews CRS is proud as a Catholic agency that it works collaboratively with all people regardless of faith, which is especially important in communities where the majority of people are not Catholic.

He added that CRS takes steps to ensure Catholic identity in preparing employees for work with CRS, referencing a tutorial, "Protecting Life,” which was reviewed by the USCCB.

At the same time, experience has shown that what CRS cannot account for is the personal opinions of its non-Catholic employees, which, according to Mosher, inevitably affect the way they perform their jobs. A May 2014 LifeSiteNews article reported on public campaign records showing that since 1990 CRS employees have donated tens of thousands of dollars, 98.1 percent of their political donations, to elect pro-abortion politicians to office.

LifeSiteNews has also reported on the fact that numerous CRS employees in key policy positions have in previous jobs advocated for activities that violate Church teaching.

For example, Daphyne Williams, who has worked for CRS since 2008 and helped to develop a controversial policy whereby CRS would provide “complete and accurate” information on condoms, was hired after working at a series of pro-abortion organizations. One, which she listed on her LinkedIn page until LifeSiteNews reported on it in 2012, was called Pro-Choice Resources.

In another more dramatic case, a CRS employee was charged and convicted after deliberately ramming her car into a crowd of pro-life activists at the March for Life.

“As far as the claim that they somehow ‘evangelize’ by not preaching the Gospel, by not hiring Catholics … this simply makes no sense,” Mosher told LifeSiteNews.

“They say that ‘they help people because they're Catholic.’ But CRS employees, including very senior employees, are often - as the organization itself proudly admits - not Catholic at all,” said Mosher. “So it is hard to take this defense seriously.” 

Mosher said that statements indicating CRS is proud that is does not evangelize raise the question of whether CRS's donors are being defrauded by an organization that claims to be "Catholic," but distances itself from the Church in its actual programs and practices.

“If Catholic Relief Services is not going to hire practicing Catholics, work through the local Catholic Church around the world, and preferentially serve Catholic populations,” Mosher said, “then it has no business calling itself ‘Catholic.’ For it is not. It is just another humanitarian NGO which can make no special claim on Catholics.”

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