November 28, 2020 (LifeSiteNews.com) — Eight lesbian couples who used sperm donors to have children are fighting the state of Indiana to have both partners be recognized as “parents” on birth certificates. Now, the U.S. Supreme Court might be positioning itself to hear the Indiana case concerning these couples.
According to SCOTUSblog, the pending petition Box v. Henderson asks, “Whether a state, consistent with the 14th Amendment due process and equal protection clauses, may adopt a biology-based birth-certificate system that includes a rebuttable presumption that a birth mother’s husband — but not wife — is the child’s biological parent.”
Typically, when heterosexual couples give birth, even by sperm donor, the husband is presumed to be the parent, together with the birth mother. However, the state of Indiana is reluctant to apply that reasoning to lesbian couples who use sperm donors.
Slate magazine explains the homosexual lobby’s argument: “When a married same-sex couple does the same thing, however, the state refuses to list the birth mother’s wife as the child’s parent. In both instances, the second parent has no biological connection to the child; Indiana’s decision to extend parental rights to the nonbiological husbands of birth mothers, but not the wives of birth mothers, is sheer discrimination.”
The Seventh Circuit Court of Appeals sided with the eight lesbian couples, stating they must be given the same legal recognition as heterosexual couples based on a precedent set by a previous court case, Pavan v. Smith, which decided it was unconstitutional to not allow the name of both same-sex “parents” to be listed on a child’s birth certificate.
“Indiana lists a husband as a biological parent (when a child is born during marriage) even if he did not provide sperm, and must treat a wife as a parent even if she did not provide an egg.”
The state of Indiana is not ready to concede and the case may now be headed to the U.S. Supreme Court. Regarding the question of whether a state should be able to presume the biological paternity of the husband of a birth mother without presuming the same of the “wife” of a birth mother, the Indiana Department of Health stated in a legal brief, “Common sense suggests the answer must be yes, for the husband of a birth mother is usually the biological father, but the wife of a birth mother is never the biological father. And neither the Constitution nor this Court’s holdings in Obergefell v. Hodges … and Pavan v. Smith commands States to act contrary to biological facts.”
Remarks attributed to Pope Francis (and, not denied by the Vatican) in support of homosexual civil unions have caused grave scandal to the faithful.
Please SIGN this urgent petition which asks Pope Francis to clarify and rectify these heterodox and scandalous remarks on homosexual civil unions, and which will be delivered both to the Vatican and to the Papal Nuncio of the United States (the Pope's official representative in the U.S.).
As the last guarantor of the Faith, the Pope should clarify and rectify these remarks, which go against the perennial teaching of the Church, even including the teaching of his living predecessor, Pope Emeritus Benedict XVI.
"What we have to create is a law of civil coexistence [meaning civil union law, for homosexuals]...," Pope Francis is reported to have remarked, in what is arguably his clearest statement of public support for a practice morally prohibited by official Catholic Church teaching.
In fact, the Church has been crystal clear in Her opposition to homosexual unions.
Just in 2003, Pope Saint John Paul II approved a document from the Congregation for the Doctrine of the Faith, titled 'Considerations Regarding Proposals to Give Legal Recognition to Unions between Homosexual Persons' and written by Cardinal Ratzinger (now, Pope Emeritus Benedict XVI), which concludes with the following:
"The Church teaches that respect for homosexual persons cannot lead in any way to approval of homosexual behaviour or to legal recognition of homosexual unions. The common good requires that laws recognize, promote and protect marriage as the basis of the family, the primary unit of society. Legal recognition of homosexual unions or placing them on the same level as marriage would mean not only the approval of deviant behaviour, with the consequence of making it a model in present-day society, but would also obscure basic values which belong to the common inheritance of humanity. The Church cannot fail to defend these values, for the good of men and women and for the good of society itself."
It could not be more clear: the Church is calling people to repentance, not to be left to indulge in grave sin.
Since becoming public, several senior prelates as well as other notable Catholic figures have voiced their opposition to these remarks attributed to the Pontiff.
Cardinal Raymond Burke stated: "It is a source of deepest sadness and pressing pastoral concern that the private opinions reported with so much emphasis by the press and attributed to Pope Francis do not correspond to the constant teaching of the Church, as it is expressed in Sacred Scripture and Sacred Tradition."
Cardinal Gerhard Müller commented: "Where there is tension between the plain and obvious Word of God and the infallible interpretation on the one hand, and private expressions of opinion even by the highest church authorities on the other, the principle always applies: in dubio pro DEO [When in doubt, be in favor of God]."
And, Catholic theologian and apologist Scott Hahn, without directly quoting Pope Francis, shared on Facebook the 'Letter to the Bishops of the Catholic Church on the Pastoral Care of Homosexual Persons,' published by the CDF in 1986, with the statement: "Holy Father, respectfully and humbly, I beg to differ... if that is indeed what you said. In any case, please clarify and rectify your statement, especially in view of the official teaching of our Lord through the magisterium of His Church."
But, the silence from the Vatican has been deafening, with no clarification forthcoming.
We must, therefore, ask the Pope for clarification in this serious matter.
Please SIGN and SHARE this petition which asks Pope Francis to clarify and rectify remarks attributed to him in support of homosexual civil unions.
FOR MORE INFORMATION:
'Cdl. Burke: Pope’s homosexual civil union remarks ‘contrary’ to Scripture, Tradition' - https://www.lifesitenews.com/opinion/cardinal-burke-on-popes-homosexual-civil-union-remarks-contrary-to-the-teaching-of-sacred-scripture-and-sacred-tradition
'Cardinal says Catholics ‘can and should’ disagree with Pope’s ‘opinion’ on gay civil unions' - https://www.lifesitenews.com/blogs/cdl.mueller-popes-words-on-gay-civil-unions-purely-private-expression-of-opinion-which-every-catholic-can-and-should-freely-contradict
'Archbishop Vigano, Bishops Tobin and Strickland respond to Pope’s approval of homosexual civil unions' - https://www.lifesitenews.com/blogs/archbishop-vigano-and-bishops-tobin-strickland-respond-to-popes-approval-of-homosexual-civil-unions
'Pope’s comments on gay civil unions cause shockwaves around the world' - https://www.lifesitenews.com/news/deepest-sadness-cardinal-burke-condemns-pope-franciss-remarks-supporting-civil-unions
Homosexual activists are wondering how a Supreme Court with a conservative-majority would decide the case. If it decides in favor of Indiana, it might start to limit the Obergfell v. Hodges decision, which imposed same-sex “marriage” on all 50 states.