actually lots of people are denied the āright to marriageāā¦too young, incapable of consent, too closely related, wrong species. so, in essence, of all the classes of people who are denied the right to marriage, you want to pull out one small segment (only 1-3% of the population is homosexual; iām sure a small percentage of that wants to get married), and make the rest of society answer to them.
The most compelling legal treatment of this issue would have to fall under the penumbra of the Equal Protection Clause.
the language for the Equal Protection Clause is this: āAll persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.ā
This language has been stretched by activist judges to include all sorts of things that strict Constitutionalists (and Catholics) would not and do not agree with. Of course, there is a string of cases that fell within the EPC that eventually moved the country from racist policies to Brown v Bd of Ed and beyond which is obviously of greatest good and benefit and morally required.
After proceeding thru an EPC analysis, one then must analyze all of that in relation to the 10th Amendment (āThe powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.ā)
Now, after all of that, let me ask those of you who believe that us Catholics in compliance with the Magisterium should come to your side why are you so insistent that we give up our rights to contribute to the marketplace of ideas? Why do you wish to infringe on our Freedom of Religion? Would you ask the same of the LGBT folks?
You must surely understand that asking us to āchange our mindsā or āsee your lightā on these issues, would be in our worldview akin to denying our Church. We wonāt do it. Period. Greater men and women than us have died horrible deaths refusing to deny God, Jesus and the Church.
This is not about sociology, psychology, social sciences, or legal analysis. Itās about a deep and abiding faith in God and the Church.
so now what? how will the world respond to the dissenting voices? already we are ridiculed, mocked (tornadoes in texas anyone?), and called hateful names. how will you best silence our voices?