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SCOTUS rules -- love wins! Get real?

SCOTUS rules -- love wins! Get real?
General Convention just received a mandate to legally embrace the culture

By Mary Ann Mueller
VOL Special Correspondent
www.virtueonline.org
June 27, 2015

The headline on Episcopal Cafe boldly declared: "SCOTUS rules -- love wins!" Perhaps a more appropriate headline would be "SCOTUS rules -- sin wins!" or "SCOTUS says: sin rules!" The radical gay lobby has accomplished its primary goal -- to force the radical gay agenda down the throats of a majority of Americans and make their sinful and sin-filled ways the law of the land. The wisdom of the Founding Fathers has been jettisoned and Biblical morality booted out of the public square.

The essence of the ruling was short and bitter. "No union is more profound than marriage, for it embodies the highest ideals of love, fidelity, devotion, sacrifice, and family. In forming a marital union, two people become something greater than they were. As some of the petitioners in these cases demonstrate, marriage embodies a love that may endure even past death. It would misunderstand these men and women to say they disrespect the idea of marriage. Their plea is that they do respect it, respect it so deeply that they seek its fulfillment for themselves. Their hope is not to be condemned to live in loneliness, excluded from one of civilization's oldest institutions. They ask for equal dignity, in the eyes of the law. The Constitution grants them that right," wrote United State Supreme Court Justice Anthony Kennedy Friday. "The judgment of the Court of Appeals for the Six Circuit is reversed. It is so ordered."

Four same-sex couples -- John Arthur and James Odergefell (Cincinnati, Ohio); Gregory Bourke and Michael DeLeon (married in Canada but living in Louisville, Kentucky): April DeBoer and Jayne Rowse (Hazel Park, Michigan) and Valeria Tanco and Sophy Jesty (Knoxville, Tennessee) -- seeking various civil union and marriage rights protection brought their various legal battles all the way to the Supreme Court to get what they wanted. The four cases, presented separately, were rolled together. The deeply divided court ruled with a split five-to-four decision by the nine justices. The Court's dividedness reflects the nation's division on the subject. The usually conservative Justice Kennedy proved to be the swing vote that tipped the scales in favor of the rainbow coalition.

When the combined case was originally argued in April, Justice Kennedy voiced concern about changing the traditional definition of marriage to include the LGBT because that was something the American people should decide rather than the high court. However, his change of heart came when he saw the numbers of same-sex couples -- and their children -- who were being treated differently in the eyes of state law when they moved from a state which recognizes their marriage to a state which does not.

NO PROTESTANTS LEFT

The highest court in the land is made up of nine people. The current 226-year-old judicial body has six men: Chief Justice John Roberts, Justice Antonin Scalia, Justice Anthony Kennedy, Justice Clarence Thomas, Justice Stephen Slito, and Justice Stephen Breyer; and three women: Justice Ruth Bader Ginsburg, Justice Sonia Sotomayor, and Justice Elena Kagen. Six of the justices are Roman Catholic: Roberts, Scalia, Kennedy, Sotomayer, Slito and Thomas, who was formerly Episcopalian; the other three justices -- Ginbsurg, Kagen and Breyer -- are Jewish. The last two Protestants on the Court were Justice David Souter, an Episcopalian, who left the high court in 2009; and Justice John Paul Stevens, who just claimed to be Protestant without divulging his denominational ties. When he stepped down, that left no Protestants or Evangelicals on the court. In 2010, when Kagen was nominated to fill the vacancy, it would be the first time the Supreme Court would be without any Protestant or Evangelical voice, influence, insight, or wisdom.

Since the Court's 1789 inception -- the same year the Protestant Episcopal Church of the Untied States of America was established with the formation of the House of Bishops and the ratification of the first American church's first Constitution by the nine original dioceses -- Protestants and Evangelicals have been dominate with a third being Episcopalian and a high number of justices being Presbyterians or self-identified Protestants. However, there has been a smattering of Lutherans, Methodists, Congregationalists, Baptists, Disciples of Christ, and Unitarians. There has also been one Quaker, one Huguenot (French Protestant), and one "none." There have been no Orthodox Christians, Pentecostals, Anabaptists, Mormons, Muslims, Buddhists, or gays -- of any religion -- in the Court's makeup.

Generally, Friday's same-sex Supreme Court decision is not seen as moral judgment, based on the scriptural and religious understanding of marriage, rather the ruling is seen as a civil rights and social justice issue. The ruling spread same-sex marriage to all 50 states ending an individual state's ability to determine marriage within their borders.

Justice Kennedy, normally seen as a conservative, joined with Court's three women -- Ginsburg, Sotomayer and Kagen -- and with liberal Justice Breyer. Before the ruling was issued, the National Organization for Marriage raised the clarion call to have Ginsburg and Kagen recluse themselves because they both have officiated at gay marriages, thus showing personal support for same-sex marriage with a mindset not open to change.

The Court's five conservative justices are considered to be Scalia and Kennedy, both nominated by President Ronald Reagan; Thomas who was nominated by President George WH Bush; and Roberts and Alito, who were nominated by President George W. Bush. The liberals on the Court include: Ginsburg and Breyer, both nominated by Bill Clinton; and Sotomayer and Kagen who were nominated by President Barrack Obama.

Reaction to the Supreme Court's ruling was swift. Cheers broke at the Supreme Court building as the ruling was announced. The celebration spread across the land as the news was released. Not all were celebrating. Evangelical and conservative Christians feel betrayed.

"Despite this change, the Diocese of South Carolina continues to affirm the historic position of the Christian Church: that God has ordained two states of life for His people, singleness or Holy Matrimony -- the joining together of one man and one woman into a holy union," vowed the Diocese of South Carolina under the leadership of Bishop Mark Lawrence (South Carolina XIV). "By affirming this position, we stand firmly under the authority of Holy Scripture, in continuity with the two thousand year history of the church, and in accord with the vast majority of Christians around the world. Therefore, it is clear that while the Supreme Court may be changing the civil definition of marriage, it has no authority over Holy Matrimony and the Church's blessing of the union between husband and wife."

The Anglican Church in North America (ACNA) College of Bishops (COB) noted that they are: "... deeply grieved by the stark departure from God's revealed order..." by the handing down of the Supreme Court latest landmark decision.

"... no court, no legislature and no local magistrate has the authority to redefine marriage and to impose this definition on their citizens," the ACNA bishops continued. "...we shall continue to exercise our religious freedom to perform marriages for those who come for holy matrimony as defined by our Church. The Anglican Church in North America only authorizes and only performs marriages between one man and one woman."

The ACNA is currently engaged in its Provincial Council in Vancouver, Canada, -- meeting at the same time that The Episcopal Church is holding its General Convention in Salt Lake City.

THE CROWING BEGINS

Episcopal Presiding Bishop Katharine Jefferts Schori was also quick to respond to the news breaking in Washington, DC as other Episcopal bishops started communicating with their dioceses about the news.

"I rejoice that the Supreme Court has opened the way for the love of two people to be recognized by all the states of this Union, and that the Court has recognized that it is this enduring, humble love that extends beyond the grave that is to be treasured by society wherever it exists," she said after she prefaced her remarks with I Corth. 13:4-8. "Our society will be enriched by the public recognition of such enduring faithful love in families headed by two men or two women as well as by a woman and a man. The children of this land will be stronger when they grow up in families that cannot be unmade by prejudice or discrimination. May love endure and flourish wherever it is to be found."

"It's my hope that the SCOTUS ruling inspires the LGBT community to work for the greater good of all who are oppressed," tweeted retired Bishop Vicky Gene Robinson (IX New Hampshire). The celebrity-status gay rights advocate had a melt down at the 2012 General Convention when VOL inquired about his own faltering gay marriage to his "beloved Mark."

Fort Worth Provisional Bishop-elect James Mayer and Bishop Rayford High (TEC Fort Worth Provisional III) released a joint statement on the Supreme Court ruling on same-sex marriage.

"We are gratified at today's Supreme Court ruling on same sex marriage. This is a decision that affects our civil rights, and we are grateful for it. As we write this, The Episcopal Church is in discernment about what this means for our church life," they wrote. "As we live into this new reality in our nation and reflect on how it will echo in our church, let us always remember that we are sisters and brothers bound together in the love of Jesus Christ. God loves us all. No exceptions."

Bishop Kirk Smith (V Arizona) said he was delighted by the SCOTUS decision.

"The Episcopal Church has been studying and praying about human sexuality for three decades as it has worked to understand how God's will for all people is being revealed in the present day," he wrote. "Today's court ruling means that Episcopal clergy across the country may now extend the protections and privileges of civil law as we bless and celebrate all people whose faithful, monogamous, and permanent relationships, under God's grace, bind and strengthen our community."

RESOLUTION A-049

At the 2012 General Convention in Indianapolis, 111 Episcopal Bishops voted for Resolution A-049 at the 2012 General Convention, which authorized the provisional use of same-sex blessing materials to meet the needs of the members of The Episcopal Church. That question is currently being revisited in Salt Lake. Bishop Mayer was the only Texas bishop to vote for A049 while Bishop High was one of three Episcopal bishops to abstain from voting on the measure. Although Bishop Mayer does not allow SSB in his Northwest Texas diocese, he will have to as the provisional bishop in Fort Worth because his predecessor, Bishop High, brought in the practice; now that same-sex marriage is a Constitutional right, he can't un-ring the bell.

Of the 41 bishops who originally voted against A- 049, ten now allow same-sex blessings in their dioceses including: Andrew Doyle (IX Texas); Scott Benhase (X Georgia); Andrew Waldo (VIII Upper South Carolina); Mark Lattime (VIII Alaska); Duncan Gray (IX Mississippi); Philip Duncan (III Central Gulf Coast); William Klusmeyer (VII West Virginia); Steven Miller (XI Milwaukee); and Gary Lillibridge (IX West Texas); and Martin Field (VIII West Missouri).

At last count there are only 11 Episcopal bishops who do not allow same-sex blessing within their borders: John Bauerschmidt (XI Tennessee); William Lambert (VI Eau Claire); Michael Smith (XI North Dakota); Daniel Martins (XI Springfield); William Love (IX Albany); Greg Brewer (VI Central Florida); Samuel Johnson (VIII Florida); John Bauerschmidt (XI Tennessee); Edward Little (VII Northern Indiana); Paul Lambert (Dallas Pro-tem); and David Bailey (Navajoland). Three bishops, including presiding bishop candidate Dabney Smith (V Southwest Florida); Michael Milliken (V Western Kansas); and Matthew Gunter (VI Eau Claire) are still discerning for their dioceses what they will do about same-sex blessings. The Supreme Court ruling could make that decision easier or harder.

Even with the new Supreme Court ruling, same-sex marriage is still illegal in the Navajoland, which encompasses the tribal lands of the Navajo people surrounded by the states of Arizona, New Mexico, and Utah. The Navajo Nation is governed by Native American Tribal Laws as recognized by the federal government of the United States, but as a sovereign nation is independent of surrounding state laws. The Supreme Court ruling does not apply to the Navajoland because same-sex marriage is prohibited in Navajo Nation Tribal Code on the Navajo reservation.

POLITICS AS USUAL

Episcopal bishops are not the only ones quick to respond to the Supreme Court ruling.

"Today is a big step in our march toward equality," the President then tweeted as the news broke. "Gay and lesbian couples now have the right to marry just like anyone else. #LoveWins."

The President jumped at the change to make political hay.

"Progress on this journey often comes in small increments. Sometimes two steps forward, one step back, propelled by the persistent effort of dedicated citizens," he then said from the White House Rose Garden. "And then sometimes there's days like this, when that slow, steady effort is rewarded with justice that arrives like a thunderbolt."

As the jockeying for presidential nominees heats up, various candidates weighed in on the issue with several taking to Twitter to make their views known.

"Proud to celebrate a historic victory for marriage equality--& the courage & determination of LGBT Americans who made it possible," Hillary Clinton tweeted.

"Marriage between a man and a woman was established by God, and no earthly court can alter that," said Louisiana Gov. Bobby Jindal. "This decision will pave the way for an all out assault against the religious freedom rights of Christians who disagree with this decision. This ruling must not be used as pretext by Washington to erode our right to religious liberty."

Former Arkansas governor and presidential hopeful Mike Huckabee, who is an ordained Baptist minister in his own right, opined, "I will not acquiesce to an imperial court any more than our founders acquiesced to an imperial British monarch. We must resist and reject judicial tyranny, not retreat."

"Today, 5 unelected judges redefined the foundational unit of society. Now it is the people's turn to speak #Marriage," Rick Santorum tweeted.

The Supreme Court is one of three branches of government. It is charged with interpreting the law, not making it. Congress is to make the law and the executive branch -- the president -- implements laws made by Congress. This is not the first time the Supreme Court has made law by its rulings. In 1967 the Supreme Court struck down the ban on interracial marriage and the high court's landmark 1973 decision on Roe V Wade made abortion legal against strong religious fervor. Landmark decisions establish a significant new legal principle. Same-sex marriage is a new legal principle.

Even the dissenting justices had strong words for Justice Kennedy and his majority opinion, which now makes same-sex marriage the law of the land and legal in all 50 states requiring all states to recognize same-sex marriage where ever it was first performed. The state's ability to determine its own marriage laws has been wiped out. Before Friday's ruling, only 37 states allowed same-sex marriage; now all 50 must. The United States now joins 20 other world nations in making same-sex marriage the law of the land and allowing gay rights to triumph.

"From the standpoint of history and tradition, a leap from opposite-sex marriage to same-sex marriage is much greater than one from a two-person union to plural unions, which have deep roots in some cultures around the world," the Chief Justice Roberts wrote feeling the Supreme Court could now slide down a slippery slope. "If the majority is willing to take the big leap, it is hard to see how it can say no to the shorter one."

"What really astounds is the hubris reflected in today's judicial Putsch," Justice Scalia thundered denouncing the majority justices of attempting a legal coup.

The US Supreme Court may have settled the issue of same-sex marriage, but it is still being battled in Salt Lake City by the Episcopal General Convention. It now looks like the Convention has received a legal mandate, which it will gladly follow, to throw all caution to the wind, Scripture, the Book of Common Prayer book, and canons, too, and line up with the law of the land as they deliberate the most sacred of human relationships -- the family unit.

Mary Ann Mueller is a journalist living in Texas. She is a regular contributor to VirtueOnline

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