The Catholic Dominated Supreme Court Forces
the Law to Promote Same-Sex “Marriage” – Part II
By Professor Brian M. McCall
Editor’s note: In the first installment, Dr. McCall demonstrated Supreme Court Justice Kennedy’s modernist approach regarding his affirmative same sex marriage ruling. Dr. McCall wrote, “Justice Kennedy’s opinion relies upon many Modernist errors long condemned by the Church to which he claims to belong but which notwithstanding their condemnation have spread like viruses through the Mystical Body of Christ and American secular society. Sadly Justice Kennedy merely exemplifies the crisis in the Catholic Church of his time. If Modernism is, as St. Pius X taught, the synthesis of all heresies, Justice Kennedy’s shameful opinion is a synthesis of Modernist errors. The opinion reads like a basic syllabus of Modernist distortion of immutable truth.” In this final installment, we focus on Kennedy’s erroneous concept of “Liberty”.
The next Modernist error of Justice Kennedy that we will consider in this article is his false definition of liberty. The Church has always taught that liberty is the power to act according to right reason. Liberty is the ability intentionally to do what is good. The Liberal and erroneous definition of liberty is the power intentionally to act in whatever way one chooses regardless of whether the act be good or evil. As Leo XIII rightly pointed out this erroneous idea of liberty is ridiculous. “[I]f the possibility of deflection from good [doing evil] belonged to the essence or perfection of liberty, then God, Jesus Christ, and the angels and saints, who have not this power, would have no liberty at all, or would have less liberty than man has in his state of pilgrimage and imperfection.”
Since the Enlightenment and the French Revolution, Liberalism and its child Modernism have been trying to change the definition of liberty from the power to do what is good to the power to do whatever anyone wants. This error tries to make liberty neutral as between good and evil and to distort a right to do good into a right to do evil. Evil and error have no right to be done but are rather slavery and the lack of freedom.
Yet, since Vatican II, this erroneous expansion of Liberty has received at least an ambiguous and tacit approval by the official hierarchy. Digitatis Humane defines liberty of religion as the freedom to practice whatever religion (true or false) one chooses rather than the freedom to practice the true religion. This Modernist error is another pillar on which Justice Kennedy rests his decision.
Kennedy argues from the opening of the opinion that the case is about liberty: ““The petitioners in these cases seek to find that liberty by marrying someone of the same sex.” From this first statement of the issue, he reveals his erroneous understanding of liberty as the freedom to do whatever a person wants regardless of whether the action is good or evil. These plaintiffs wish to express their choice that non-marital acts are marital acts and the law’s denial of their desire is a deprivation of liberty. He defines liberty subjectively as whatever anyone wants to do, regardless of its moral quality. He claims the Constitution guarantees a right to this false liberty.
He argues: “The Constitution promises liberty to all. . . that allows persons within a lawful realm, to define and express their identity. . . . [T]hese liberties extend to certain personal choices central to individual dignity and autonomy, including intimate choices that define personal identity and beliefs.” Unlike the plaintiffs in Loving who were denied the ability to enter into a valid marriage, these plaintiffs are laying claim to a false liberty (known as license) by doing what they want rather than doing good.
This erroneous understanding of liberty, condemned by the Church, is connected to Kennedy’s erroneous understanding of dignity. Kennedy incorrectly locates human dignity in this false liberty. Dignity is about having the freedom to choose wrong. He asserts that “personal choices [are] central to individual dignity.” Elsewhere he asserts “that gays and lesbians had a just claim to dignity.” But he locates human dignity in a false liberty to do wrong. His understanding of the relationship between human dignity and liberty is contrary to Catholic teaching succinctly reiterated by Leo XIII who said that true liberty means “that every man in the State may follow the will of God and, from a consciousness of duty and free from every obstacle, obey His commands. This, indeed, is true liberty, a liberty worthy of the sons of God, which nobly maintains the dignity of man and is stronger than all violence or wrong – a liberty which the Church has always desired and held most dear.” Man’s true dignity lies in the liberty to do the will of God in all things not one’s own will to do evil…
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