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 Raymond Burke, prefect of the Apostolic Signatura, speaks to Thomas McKenna of Catholic Action Insight. Catholic Action Insight
Hilary White Hilary White Follow Hilary

Catholics shouldn’t sue one another: Cardinal Burke comments on Fr. Rosica’s lawsuit against blogger

Hilary White Hilary White Follow Hilary
By Hilary White

ROME, March 2, 2015 (LifeSiteNews.com) – Citing Scripture, Cardinal Raymond Burke told an interviewer this week that Catholics should not sue each other: “Our Lord in the Gospel and St. Paul in his First Letter to the Corinthians instruct us not to take our disputes to the civil forum, that we should be able, as Catholics, to resolve these matters among ourselves.”

The cardinal’s comments to the Traditionalist Catholic website Rorate Caeli follow an uproar in the Catholic media world last week when it was revealed that Vatican spokesman Father Thomas Rosica has threatened to sue a Canadian blogger for defamation in the civil courts.

Cardinal Burke, who served under Pope Benedict XVI and Pope Francis as the head of the Vatican’s highest court, is a noted expert on canon law. He told Rorate Caeli, “Unless the blogger has committed a calumny on someone's good name unjustly, I certainly don't think that that's the way we as Catholics should deal with these matters.”

“I think contact should be made. I presume that the Catholic blogger is in good faith, and if there’s someone in the hierarchy who is upset with him, the way to deal with it would be first to approach the person directly and try to resolve the matter in that way,” Burke added.

Fr. Rosica, a Canadian Basilian, is the English language press officer for the Vatican and founder of the Toronto-based Salt and Light Television network.

He sent the legal letter to David Domet, a Toronto music composer and part-time Catholic blogger who has long criticized what he says are Fr. Rosica’s departures from Catholic orthodoxy. The priest’s lawyer told Domet to remove nine separate items from his blog and apologize, but added that this would not necessarily remove the threat of the civil action.

The conflict was covered in a feature by Michael Voris’ Church Militant TV, and the internet’s Catholic blogger world exploded with indignation. So furious was the backlash that it got coverage by the US conservative news site, Breitbart. This followed dozens of blog posts, nearly unanimously calling the threatened legal action of a well-placed priest against a lay pensioner a “PR disaster” for Rosica. 

The uproar has launched Domet’s small blog, Vox Cantoris, into the international limelight, and has earned Fr. Rosica an avalanche of criticism. “Though Rosica publicly defends the right to freedom of speech and press, he is attempting to silence the blogger who has criticized him,” Austin Ruse, president of the Catholic Family and Human Rights Institute, wrote for Breitbart.

Among Domet’s criticisms of Fr. Rosica is his apparent support for the proposal by Cardinal Walter Kasper to allow divorced and civilly remarried Catholics, and others in “irregular” sexual unions, to receive Holy Communion.

Fr. Rosica has also recently come under fire for comments he made a year ago, in a lecture in Windsor, Ontario, in which he argued that Catholic doctrine could change. (See video below. Quotes can be found at 48:12.)

“Will this Pope re-write controversial Church doctrines?” Fr. Rosica said in the lecture, which was posted to Youtube. “No. But that isn't how doctrine changes. Doctrine changes when pastoral contexts shift and new insights emerge such that particularly doctrinal formulations no longer mediate the saving message of God's transforming love.”

Fr. Rosica continued: “Doctrine changes when the Church has leaders and teachers who are not afraid to take note of new contexts and emerging insights. It changes when the Church has pastors who do what Francis has been insisting: leave the securities of your chanceries, of your rectories, of your safe places, of your episcopal residences go set aside the small-minded rules that often keep you locked up and shielded from the world.”

In the Rorate Caeli interview, Cardinal Burke refuted the idea that the Church can change its “pastoral practice” without changing doctrine.

“I think it’s very important to address a false dichotomy that's been drawn by some who say, ‘Oh no, we’re just changing disciplines. We’re not touching the Church's doctrine.’ But if you change the Church’s discipline with regard to access to Holy Communion by those who are living in adultery, then surely you are changing the Church's doctrine on adultery.”

“You’re saying that, in some circumstances, adultery is permissible and even good, if people can live in adultery and still receive the sacraments. That is a very serious matter, and Catholics have to insist that the Church’s discipline not be changed in some way which would, in fact, weaken our teaching on one of the most fundamental truths, the truth about marriage and the family,” Cardinal Burke said.

Fr. Rosica recently criticized Cardinal Burke on his Twitter account by posting an article by Washington, DC’s Cardinal Donald Wuerl on “dissent” in the hierarchy, saying, “Cardinal Wuerl’s response to Burke (and dissenters).”

The priest has also had a confrontational relationship with the pro-life movement for years.

In 1996, Fr. Rosica called the police on pro-life advocates who were leafletting in protest at a lecture by famous dissident Gregory Baum at the University of Toronto’s Newman Centre.

In 2009, Fr. Rosica wrote against objections to the lavish Catholic funeral for US Senator Ted Kennedy’s in Boston. He excoriated the pro-life movement for what he called their lack of “civility.”

“Civility, charity, mercy and politeness seem to have dropped out of the pro-life lexicon,” Fr. Rosica wrote. “To recognize and bring out the sin in others means also recognizing one’s self as a sinner and in need of God’s boundless mercy.

“Let us pray that we will become more and more a people, a church and a community overflowing with mercy.”

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Greg Rohrbough, J.D.

Duck Commander Phil Robertson’s CPAC speech was viral in so many ways

Greg Rohrbough, J.D.
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Last week, the winner of the 2015 Citizens United/CPAC Andrew Breitbart Defender of the First Amendment Award was “Duck Commander” Phil Robertson, paterfamilias of the Duck Dynasty Robertson family. In doing so, they were giving Phil the CPAC stage for a speech, knowing that he would speak his unvarnished thoughts. One doubts they expected his topic.

After bringing out his heavily-duct-taped Bible and telling politicians to keep theirs with them, Phil went on the offensive – against sexually transmitted diseases (STDs). He quoted the federal Centers for Disease Control, which estimates that more than 100 million Americans now have a sexually transmitted infection.

“I don’t want you to become ill. I don’t want you to come down with a debilitating disease. I don’t want you to die early,” Robertson said.

Phil’s solution? One older than Christianity, as old as common sense itself. “If you’re disease-free, if she’s disease-free, you marry. You keep your sex right there. You won’t get sick from a sexually-transmitted disease!”

Logic and mathematics would seem to agree. According to Robertson, his goal was to show love to the listeners. But several left-wing websites didn’t see it that way.

“He certainly used his speech to hate very well. I guess that's the criteria. Who can say the sickest, most vile things about center-left Americans wins!” according to John Amato of Crooks & Liars.

The Huffington Post took offense at his attributing the rise in STDs to the beatniks and hippies.

To their credit, MSNBC acknowledged Phil’s numbers, saying, “For the record, Robertson’s [sic] has his numbers correct. A CDC report from February of 2013 estimated more than 110 [million] cases of sexually transmitted infections in America with about 20 billion [sic, MSNBC’s number] new infections each year at a cost of ‘nearly $16 billion in direct medical costs.’”

The network site then blasted him for comparing ISIS to the Nazis, Communists, and Imperial Japanese.

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Robertson clearly didn’t care what MSNBC thought, though. “You want a Godly, Biblical, medically safe option? One man, one woman, married, for life,” he said.

“What do you call the 110 million people who have sexually transmitted illnesses?” he continued. “It’s the revenge of the hippies! Sex, drugs, and rock ‘n’ roll have come back to haunt us in a bad way!”

But the big question is – is Phil right or wrong? According to the CDC’s website, “Almost every sexually active person will acquire HPV [Human Papillomavirus] at some point in their lives.”

“Sexually active” would seem to indicate activity with new or multiple partners, rather than this Duck Doctor Phil’s Prescription.

But still – “Almost every…person.” That’s quite a few – the website also says, “about 79 million Americans are currently infected with HPV. About 14 million people become newly infected each year.” While it is the most prevalent venereal disease, HPV is only one of many.

Generally, HPV’s symptoms are more a painful nuisance than life-threatening – genital warts, often only appearing years after the initial infection. But there are also life-threatening illnesses such as cervical cancer, which HPV causes.

Much more frightening, however, is the specter of HIV/AIDS. According to the CDC, there are about 1.2 million people currently living with HIV, and as many as 50,000 new cases a year, with 63 to 66 percent of those being “MSM,” or “Men who have Sex with Men.” Sadly, the lion’s share of new HIV infections is found in the 13-24 age group; despite being 16 percent of the nation’s population, they account for 26 percent of all new infections, with 72 percent of those being young MSM. While HIV is treatable, there is still no cure.

Although HIV, as well as the current increase in syphilis and hepatitis, are primarily targeting homosexual males, heterosexuals with multiple partners are by no means off the hook. As well as HPV, herpes, drug-resistant gonorrhea and chlamydia are on the rise, as well. The year 2013 saw 1.4 million cases of chlamydia and 820,000 new cases of gonorrhea, and the CDC estimates that one person in every six in the U.S. between the ages of 14 and 49 has herpes.

Criticize Phil all you like, folks – he doesn’t mind. He’s only saying this because he cares.

Listen to him again: “I don’t want you to become ill. I don’t want you to come down with a debilitating disease. I don’t want you to die early.”

“And if you hate me because I told you that,” he said, “I told you, my love for you is not contingent on how you feel about me. I love you anyway. I don’t want you to see you die early or get sick. I’m trying to help you, for cryin’ out loud! America, if I didn’t care about you, why would I bring this up?”

From this CPAC attendee’s perspective, Phil’s speech was not only important from a physical health perspective, it also, along with that duct-taped Bible of his, reminds us of the words of Charles Spurgeon: “A Bible that’s falling apart usually belongs to someone who isn’t.”

Greg Rohrbough, J.D., has been director of government relations for the Meredith Advocacy Group since 2006.

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Steve Weatherbe

Former abortionist who failed to kill unborn baby hit with $1 million lawsuit: baby was born with hole in heart

Steve Weatherbe
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OTTAWA, March 2, 2015 (LifeSiteNews.com) – An Ontario mother of a baby born by mistake is suing the former doctor who botched her abortion for $1 million for his “gross negligence” and “medical malpractice.”

Tania Brown already had four children when she went to Dr. Michel Prevost in Almonte, Ontario in early 2011 for a medical (or pharmaceutical) abortion to prevent a fifth, which her doctor had advised might have birth defects. Several months later she suspected Prevost’s one-two punch of methotrexate (a poison to kill the baby) and misoprostol (to expel the corpse a week later) had not worked. An ultrasound confirmed a beating heart.

Too late for an abortion now, she gave birth, in May, to a baby with “a smaller brain; he had a hole in his heart; he had something wrong with his palate.” She gave him up for adoption.

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Dr. Prevost relinquished his medical licence earlier this month with the certainty that if he didn’t, the Ontario College of Physicians and Surgeons would expel him after an investigation found him “incompetent in his practice of obstetrics and gynecology.”  They looked into 28 abortion cases, two so badly “botched” that the babies survived.

Small wonder the whole business sent Brown into a “debilitating depression,” but her lawyer Ralph Lee told the CBC the case “brings up larger issues…the issue of a woman’s access to abortion.”

Basically, Prevost couldn’t get the dosages right. Methotrexate, MedicineNet.com warns, “has infrequently caused serious (sometimes fatal) side effects.” These include severe azotemia (too much blood urea nitrogen), severe blood infection, stomach and intestinal bleeding, and perforation.

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