July 27, 2015, Fairfield, NJ - The American Catholic Lawyers Association announces its objection to the majority ruling in the case of Obergefell v. Hodges regarding same-sex marriage. Sodomy, as the Supreme Court itself observed in Bowers v. Hardwicke, before overruling itself a mere seventeen years later in Lawrence v. Texas, is immoral and perverse conduct that the U.S. Constitution was never intended to protect; and the Constitution is forbidden to transgress those aspects of the divine and natural law binding on all men and all nations. Nor was the Constitution ever intended to take away from the States the right to punish sodomy or to codify the truth of both divine and natural law that marriage is between one man and one woman.
Moreover the Obergefell decision is invalid in that two of the Justices were required by the U.S. Code, Title 28, Part I, Chapter 21, § 455, to recuse themselves because of “impartiality that might reasonably be questioned.” Both Justices Kagan and Ginsburg failed to recuse themselves despite having a public record of advocacy of “same-sex marriage,” with both having conducted “same-sex wedding” ceremonies.
Finally, the American Catholic Lawyers Association protests in the strongest terms the actions of Justice Anthony Kennedy. Because he was the deciding vote, God gave him, as a professing Catholic, the opportunity to uphold the divine and natural law that marriage is between a man and a woman. Instead, he did the unthinkable and attempted to overturn that truth with false human reasoning.
As a Catholic jurist, especially one protected by the life tenure that ensures judicial independence from popular sentiment, Justice Kennedy was bound to obey a law higher than his false notion of “liberty,” the law that God has inscribed in human nature. Justice Kennedy failed in this sacred duty, violated the oath to God he took upon ascension to his high office, and thereby inflicted incalculable harm on society.
In a teaching that applies universally under the natural law, the Congregation for the Doctrine of the Faith, in a statement whose publication was ordered by John Paul II, declared that even “[i]n those situations where homosexual unions have been legally recognized or have been given the legal status and rights belonging to marriage, clear and emphatic opposition is a duty. One must refrain from any kind of formal cooperation in the enactment or application of such gravely unjust laws and, as far as possible, from material cooperation on the level of their application.” [“Considerations Regarding Proposals to Give Legal Recognition to Unions Between Homosexual Persons”, Congregation for the Doctrine of the Faith, June 3, 2003]
Accordingly, we call upon the Court to overrule this decision at the first opportunity. Further, we call on the Bishop of Justice Kennedy’s diocese or any competent Church authority to impose appropriate canonical sanctions in keeping with the 1983 Code of Canon Law promulgated by John Paul II, which provides: “Those who have… been obstinately persevering in manifest grave sin are not to be admitted to Holy Communion.” CIC (1983) § 915. The Catholic faithful are not immune from the authority of the Church when they don judicial robes or enter legislative chambers. On the contrary, the Church imposes a higher duty on Catholic public officials precisely in virtue of their public offices—a duty to defend and protect the common good according to the higher law.
Christ the King Law Center Comment (CKLC): The comments made in this press release about Justice Anthony Kennedy should equally apply to Justice Sonia Sotomayer who is at least considered Catholic.