Bishops decry Supreme Court’s ruling on same-sex marriage

The United States Supreme Court voted 5-4 to assert that marriage is a constitutional right of all citizens, extending it to same-sex couples nationwide.

Two years ago, the court invalidated a federal ban on recognising same-sex marriage but stopped short of requiring all states to provide marriage licences to same-sex couples. Now, all 50 states must do so. Four of the court’s six Catholic justices were in the minority. Two were in the majority, including Justice Anthony Kennedy who wrote the majority opinion.

This held that the 14th Amendment’s guarantee of equal protection required that all states grant marriage licences to same-sex persons. In addition to the legal benefits that accrue to married couples, the court stated that a concern for the dignity of gays and lesbians required they be permitted to marry.

Chief Justice John Roberts, in dissent, argued that the court had usurped the political processes unfolding in the states, many of which had adopted same-sex marriage already by votes in the legislature, by referendum or by local court orders. Also in dissent, Justice Antonin Scalia said the majority’s opinion lacked even a “thin veneer of law”.

In a blistering statement, Archbishop Joseph Kurtz, president of the US Catholic bishops’ conference, called the decision “profoundly immoral and unjust”. Kurtz said: “Mandating marriage redefinition across the country is a tragic error that harms the common good and most vulnerable among us, especially children. The law has a duty to support every child’s basic right to be raised, where possible, by his or her married mother and father in a stable home.” The majority opinion had cited the fact that some two million children are currently being raised by same-sex couples.

Other bishops struck a less hostile tone, most notably Cardinal Donald Wuerl, the Archbishop of Washington. “Because Jesus came to save all people, all are invited to be a part of God’s family – his Church. Faithful to her Lord and Founder, the Church welcomes everyone,” Wuerl said. “It is the home for all who seek to follow Jesus as his disciple. This welcome is extended to everyone: married couples with children, unwed mothers and fathers, the single unmarried, couples who struggle with infertility, men and women with same-sex attraction, individuals facing gender issues, those whose marriages have broken down and suffered the trauma of divorce, people with special needs, immigrants, children born and unborn, the young, seniors and the terminally ill, sinners and saints alike.” Cardinal Wuerl’s statement said the Church must strike a balance between holding fast to its teaching about marriage while abiding by the new law, specifically noting that many people access health care in the US through spousal benefits.
Archbishop Blase Cupich of Chicago reminded Catholics that they must proclaim both the Church’s teaching on marriage and the inherent dignity of all persons.