By: Andrew Rivas, Executive Director, Texas Catholic Conference

The decision by the ninth circuit court to overturn proposition 8, the California voter initiative regarding marriage, is on hold until at least December when the ninth circuit court of appeals will consider the controversial ruling. While we wait to see how the legal battle in California unfolds I thought it would be a good time to discuss why we care so much about marriage.

(Image from ForYourMarriage.org)

Marriage, the union of one man and one woman, is an institution recognized throughout history as a union naturally capable of and open to conceiving and nurturing children. Marriage is essential to the well-being of society, more so than any other human institution that the state recognizes and supports. We as Catholics believe that a family headed by a mother and a father is the optimal place in which to raise a child.

Here in Texas we passed a state constitutional amendment in 2003 defining marriage as being between a man and a woman. However, if the ninth circuit judge’s decision is allowed to stand, it will have serious consequences for every other state including Texas. The U.S. Supreme Court dealt with a similar case in 1971 that challenged the traditional definition of marriage. The Court rejected the challenge at that time but if the Supreme Court allows the current circuit judge’s decision to stand then it would essentially be overturning its 1971 decision and that will undermine what other states have done to protect traditional marriage.

Not only did the judge in the case decide that California voters had “no rational basis” to protect traditional marriage, but he even stated in his opinion that “the evidence shows beyond any doubt that parents’ genders are irrelevant to children’s developmental outcomes.” He even made a theological statement, “religious beliefs that gay and lesbian relationships are sinful or inferior to heterosexual relationships harm gays and lesbians.” If such a legal opinion were allowed to stand, priests, nuns or any lay employees for the Church who espouse traditional teaching on homosexuality could be prosecuted for creating a hostile work environment in a parish or diocese.

The judge seems to be saying that moral values that are grounded in religious teaching have no role in how our society writes its laws. But isn’t it true that moral and religious views are the reasons why we have civil rights laws, health care reform, or even why we say that murder is wrong? So how can any rational person say that moral and religious views have no place in forming our civil and criminal laws?

I think either the appeals court or the Supreme Court will overturn the judge’s outrageous decision. But no matter what happens, it is a fact that human beings come in two sexes, male and female. Together they form a unique bond in which children are naturally conceived and brought into this world.  This was true before modern legal systems, and it is still true today.

It is also a fact that no matter what happens in this court case our Church will continue to teach the truth. That marriage, where a man and a woman establish a lifelong community, is good for all of society, even for those who choose not to participate.