Statements from California Catholic Church Leaders on Prop 8 overturn

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Okay, I watched the segment and I have to say it didn’t really fulfill my expectations. While I will agree that George made a very effective defense for marriage as a sexually complimentary union, that defense was a philosophical and historic, not legal. He wasn’t even conflicting with the legal case during that defense, but with the desire of homosexuals to be granted marriage rights, so it isn’t that he was ineffective, but that during his best segment he simply wasn’t addressing that matter we are discussing.

He did make one excellent point that I had not fully considered before though in regards to the decisions 77th finding of fact. I certainly believe that the section in particular is not well titled, and should be labeled “Some religious groups can be harmful to gays and lesbians” rather than a declaration that religious belief that they are engaging in sinful behavior is harmful. Certainly we would not say the same of remarried couples, of cohabitors, so why homosexuals? Still this finding of fact was not at all addressed in the actual decision, so while it is certainly grounds for an appeal it doesn’t make the whole judgement bad.

I was however disappointed in the comments they made about Judge Walker when discussing his comment on the defendants ability to appeal. He judged Walker’s comment that an appeal may not be granted since the defendant can’t demonstrate substantial loss from the decision as tyrannical and an attempt to control the legal system when Walker was merely answering a question. Obviously Walker is well aware that he hold no power in the appeals process, and his comment certainly isn’t going to influence a higher court’s thoughts on the matter, he was simply making a comment on the cases ability to be appealed as a legal expert. He didn’t even say that it shouldn’t be appealed, just that he wasn’t sure if the appeal would be granted to defendant-intervenors for X reasons. The Ninth Circuit has just recently ordered that the defendants demonstrate the standings the Walker questioned too so his thoughts were not at all unfounded.

I agree with his claims that this ruling leads to polyamorists pushing for equal rights as well, but again I don’t think that makes it a bad ruling, just a generally bad social condition of our nation.

He also dodged a concept I really wanted to hear from him on, which was the matter of gender separation. Walker declared that due to the current social condition of, and laws surrounding, genders that gender separation could not have a bearing on his legal ruling. George somehow construed this to be Walker exercising his own ideologies through judicial power with no rational basis. At the very least I would have liked George to directly address Walker supporting points rather than call it an ideology, but even more so I wish he would have openly stated for those viewing that there is a separation of genders both in the religious and physiological sense, he did not do this however. Honestly I think one of the main reasons this idea is not being brought up is that gender equality is so enshrined in our society that many people are actually afraid to state that we are different, and you can completely forget mentioning women being subservient to their husbands (Even a Catholic audience doesn’t want to hear that after all).

Honestly, I didn’t find the video near convincing enough for me to change my position, in fact I didn’t even really feel like Dr. George was really addressing issues of law for the most part. It seemed more like he was just preaching to an audience that he suspected already agreed with him. He might be able to make a good argument too if he were to hit on the legal points of the issue, but that just wasn’t what he was doing in this segment.
 
Patrick, this was not a legal forum (the show). The World Over Live is a News show designed for the general Catholic population. As such, it was more intellectual than many of their segments involving guests (although I have seen a few other intellectual and intelligent segments as well; one recent one a couple of weeks back featured a canon lawyer). Raymond Arroyo never lets his guests speak for that long. George used two thirds of the air time of the show, and I suspect they even skipped some breaks to let him speak. Usually Arroyo steps in and comments or expands or links to what has been commented on elsewhere, but this time, he clearly wanted to let George just speak. George was not making a formal legal argument per se. (You were expecting way too much.) Rather, he was explaining, yes, the philosophical foundation supporting the argument for Prop 8, but those arguments are critical to elucidate (and I hope the pro-8 lawyers were taking notes). One reason they are critical is that the anti-8 side, courtesy of Walker, has based their own argumentation (as Walker has based his decision) on entirely false understanding and explanation of on what the pro-8 proponents base their arguments.
I didn’t even really feel like Dr. George was really addressing issues of law for the most part.
Of course not. This was not a technical show, as I explained.
It seemed more like he was just preaching to an audience that he suspected already agreed with him.
What “he suspected” was not the issue, to me. What he was doing was articulating for Catholic lay edification credible secular reasons to oppose the redefinition of an entire institution.
He might be able to make a good argument too if he were to hit on the legal points of the issue, but that just wasn’t what he was doing in this segment.
Arroyo wasn’t going to let him go on for 40 minutes making a legal case; it would have been dry, and actually over the heads of too many listeners. He also didn’t have time to get into ‘gender separation.’ That could have taken a good additional hour. I think you were asking for way too much for a non-courtroom setting and show, and so naturally you were “disappointed.”

I have once again re-read parts of Walker’s decision, and I will merely reiterate that with all I know about law, about consititutional law in particular, about the history of social institutions in this country, and about the level of Walker’s embarrassing ignorance about what religions do and do not say & believe (about marriage, parenting, and lots of other things) – not to mention what Walker implies about the First Amendment being unavailable to religious institutions (!) – he absolutely has not made the legal case for gay “marriage” being a civil right and the State “having no interest” in the matter.

Nevertheless, I appreciate your listening to the program.
 
Arroyo wasn’t going to let him go on for 40 minutes making a legal case; it would have been dry, and actually over the heads of too many listeners. He also didn’t have time to get into ‘gender separation.’ That could have taken a good additional hour. I think you were asking for way too much for a non-courtroom setting and show, and so naturally you were “disappointed.”
Yeah, I got that his time was limited and the program wasn’t the best venue, but I would still like to see the man make an argument about it because it seems like he could do good work. I actually googled his name and variations of the case file and the word “prop 8” hoping that he had written something on it, but it doesn’t seem like he has at this point (though I suppose if you are going to write a critique you might as well wait till the supreme court case since that is the one law students will have to study in the future).
I have once again re-read parts of Walker’s decision, and I will merely reiterate that with all I know about law, about consititutional law in particular, about the history of social institutions in this country, and about the level of Walker’s embarrassing ignorance about what religions do and do not say & believe (about marriage, parenting, and lots of other things) – not to mention what Walker implies about the First Amendment being unavailable to religious institutions (!) – he absolutely has not made the legal case for gay “marriage” being a civil right and the State “having no interest” in the matter.
It does seem like we have reached an impasse at this point since neither of us has managed to see the others point of view and there isn’t much left to do but address the whole thing in a point by point manner, which even omitting the FoF section would a long process I don’t think either of us really wants to undergo.

Also while I will agree that Walker’s lack of understanding of religion is embarrassing since someone in his position should certainly be more knowledgeable and better able to see more than one side of an issue than he demonstrated with Fact 77, I also think it is sad that there was so much evidence of clear hate speech coming from some religious groups presented in the trial. It just goes to show how important it is to represent Christ at all times, because the world is quick to hold us accountable for our worst.

Anyway thanks for being patient with me despite our disagreement. It is always refreshing to have a civil discussion with a Christian sibling on hot-button issues like this. It helps humanize those on the other side of the issue, and reminds me to treat them with love as well.
Nevertheless, I appreciate your listening to the program.
Hey, I’m not here to be right, I’m hear to learn. I generally don’t mind the idea of being wrong because I tend to gain a better understanding of things from my mistakes and misunderstandings of things. I do make a special exception to that in the case of materials I am being professionally or academically evaluated on though.:rolleyes:
 
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