http://catholiccitizens.org/platform/platformview.asp?c=7923Defending Marriage
8/21/2003 12:28:00 PM by Bill Beckman - Catholic Citizens of Illinois
Defending Marriage
Threats to the traditional definition of marriage as the union of one man and one woman have been visible for a number of years. It seems that reliance on the concept of "a right to privacy" continues to mushroom as it is used to reject longstanding legal traditions based on moral norms. This "right to privacy" is deemed so overwhelming that it has been used to eliminate laws accepted for centuries, but now deemed as "discriminatory".
The pattern began with Griswold v. Connecticut in 1965. There the "right to privacy" was used to reject laws against the sale of contraceptives. In 1972, Eisenstadt v. Baird rejected a law prohibiting the distribution of contraceptives to unmarried persons. Later, in Carey v. Population Services Int'l (1977), this "right" was extended to minors who, in the Supreme Court' s view, had a right to contraceptives without their parents' knowledge or permission. Of course, the "right to privacy" became deadliest in 1973 when it was used to supersede the right to life and justify the killing of preborn babies (Roe v. Wade) under any circumstances until birth (Doe v. Bolton).
Today, we are teetering on the brink of the right to suicide and assisted suicide and the right to same-sex marriage based again on this "right to privacy". The notorious Ninth Circuit Federal Appeals Court found the right to privacy should apply to assisted suicide, but the Supreme Court disagreed at the time. Now, the Supreme Court has declared the "right to privacy" protects homosexual conduct.
The majority cites a passage from Justice Stevens dissent in Bowers v. Hardwick (the 1986 ruling that upheld a Georgia law banning sodomy): "The fact that the governing majority in a State has traditionally viewed a particular practice as immoral is not a sufficient reason for upholding a law prohibiting the practice." Justice Scalia's dissent observes, "This effectively decrees the end of all morals legislation."
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