Supreme Court Strikes Federal
Defense of Marriage Act
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On Wednesday, June 26, in U.S. v. Windsor, the U.S. Supreme Court struck down section 3 of the federal Defense of Marriage Act (DOMA), which defines marriage for purposes of federal law as the union of one man and one woman. The court ruled that this provision of DOMA denies same-sex couples, who have been granted marriage licenses by their state, equal protection of law under the due process clause of Fifth Amendment to the U.S. Constitution.
The ruling means that Edith Windsor, who paid taxes on her life partner's estate at the time of her death because federal law did not recognize her as the surviving spouse in a legally recognized same-sex marriage, will now be paid back those taxes with interest.
In the companion Perry case, the court ruled that the supporters of California's Prop 8 did not have legal standing to challenge a lower court ruling striking down Prop 8, which defined marriage for purposes of California law as the union of one man and one woman. The upshot of that decision is that California will most likely begin recognizing same-sex marriages in the near future.
Cardinal Timothy Dolan, President of the United States Conference of Catholic Bishops (USCCB), lamented the decisions in a statement, calling Wednesday a "tragic day for marriage and our nation." The Archdiocese of St. Louis also issued a statement, proclaiming that regardless of how the court or legislatures define marriage, the reality is that marriage is and forever will be the union of one man and one woman for life.
The Supreme Court went out of its way in the Windsor case to confine it's ruling on DOMA to those "lawful marriages" already recognized by the states. In addition, the Court did not rule that there is a constitutional right to same-sex marriage, as many marriage redefinition advocates had hoped. Thus, Missouri's Constitutional Amendment defining marriage as the union of one man and one woman is still good law ...for now.
In light of Windsor, however, state constitutional marriage amendments like Missouri's will face increasing scrutiny and probable legal challenges in the months and years to come.
Missouri passed its marriage amendment in 2004 by over a 70% majority. The MCC will continue to defend Missouri's constitutional amendment on marriage.
May the Church forever proclaim the truth about what marriage is and why it is vital for the well being of men, women, children, and society as a whole!
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Hobby Lobby Appeal Successful
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Hobby Lobby won a major victory in its challenge of the federal HHS contraceptive mandate this week. The 10th Circuit Court of Appeals ruled that Hobby Lobby showed sufficient evidence that it can succeed in its claim that the HHS mandate imposes a substantial burden upon its First Amendment rights.
Finding that a closely held family business could exercise religion, the 10th Circuit ruled that the trial court erred in dismissing Hobby Lobby's request for a preliminary injunction. The case now goes back to the trial court for a final ruling on whether to grant Hobby Lobby injunctive relief. Without an injunction being granted, Hobby Lobby will face stiff fines starting July 1.
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Senate Passes Immigration Reform Legislation
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On Thursday the U.S. Senate passed an immigration reform bill (S. 744) by a vote of 68 to 32. Senator Claire McCaskill voted for the bill while Senator Roy Blunt opposed it. The legislation establishes a "military style" effort to close the U.S. Southern border and a 13-year path to citizenship for illegal aliens in the U.S.
The legislation requires the deployment of 20,000 new Border Patrol agents, 700 miles of new fencing and the use of high tech devices to keep close surveillance on the border. Once the border is determined to be secure, the legislation allows illegal aliens already in the country to begin a 13-year process to become citizens. In order to obtain citizenship, illegal aliens will have to pay back taxes, demonstrate English language skills and meet other requirements.
Senators voted from their desks, a practice reserved for the most solemn of occasions. Arizona Republican Senator Jeff Flake recalled as a youth working alongside family members and "undocumented migrant labor, largely from Mexico, who worked harder than we did under conditions much more difficult than we endured."
South Carolina Republican Lindsay Graham castigated critics who complained the legislation would allow citizenship for people with less than a 10th grade education. He said his deceased parents fit that description. Graham also said: "I see this as a significant step toward the U.S. Senate being able to work together in a bipartisan fashion to do something that matters. Is this bill perfect? No... It is a good solution to a hard problem that can always be made better."
Most observers see a tough road ahead for the legislation as it move to the U.S. House of Representatives.
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MCC Commentary on Immigration
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The immigration legislation that passed the Senate this week is an effort to address an unprecedented wave of immigrants - legal and illegal - that have entered the country in recent years. The Congressional Research Service reports that by 2010 the U.S. had 40 million foreign-born residents, with over 11 million of them here illegally. What should be done to create an orderly and legal immigration system? The MCC has developed a commentary that delves into this question while offering perspectives from Catholic teaching. Click MCC Commentary for more. |
Your State Government: Keeping
Cool in the Summer
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Long gone are the cool spring days; summer is here and it is hot. With the heat comes the chance of heat-related illness, especially for those who are elderly, disabled or suffer from a health condition.
T o help battle the oppressive heat, cooling centers have been set up to provide people in need a place to cool off. These centers have been opened in libraries, churches, and schools across the state and many are open all day. Click here to find a cooling center near you. Ensuring that those who are vulnerable to the heat are safe is vital. The Missouri Department of Health warns that elderly people, infants, children and people with chronic medical conditions are more prone to heat-related illness or even death. So far this summer one person in Missouri has died as a result of the heat. Last year 52 people died as a result of the heat. Many heat victims do not have air conditioners or set them too high to provide adequate cooling. Here are some tips to help protect yourself against heat-related illness:
* Never leave children or pets alone in closed vehicles.
* Consider spending the hottest part of the day in public buildings or at a cooling center.
* Wear loose-fitting, lightweight and light-colored clothes that cover as much skin as possible.
* Protect your face and head by wearing a wide-brimmed hat.
* Drink Plenty of Fluids. Drink cool, nonalcoholic beverages and increase your fluid intake, regardless of your activity level.
* Know the warning signs of heat related illness. They include heavy sweating, muscle cramps, nausea and vomiting and more. Click here for more on heat-related illnesses and their warning signs.
* Listen to local news and weather channels or contact your local public health department during extreme heat conditions for health and safety updates.
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Gov. Nixon Withholds $400 million from State Budget
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Faced with a potential override of his veto of a major tax cut, Governor Jay Nixon has withheld $400 million in funding appropriated by the legislature. Nixon told reporters "Here in Missouri, we don't balance budgets by making risky bets or taking leaps of faith." The governor said most of the funding would be restored if his veto is sustained in September. For more read this St. Louis Post Dispatch article. |
High Court Strikes Portions of
Voting Rights Act
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The U.S. Supreme Court this week struck down a portion of the 1965 Voting Rights Act that some say could open the door to future voting rights violations. When the voting Rights Act was passed in the mid-60's, there were a number of jurisdictions in this country that historically violated the rights of minorities to vote. The 1965 Act contained a formula used to determine those jurisdictions that are required to obtain Justice Department clearance before they can change their voting laws, requiring clearance for things as benign as moving a polling place across the street.
Citing progress made by the Southern states at issue and other offending jurisdictions, the court ruled that Congress must go back and re-issue the formula based upon more recent data, asserting that the old formula is "based on decades-old data." Whether Congress is functional enough to agree on such a formula will have to be seen. For a full analysis of the decision in plain English, click here.
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U.S. Supreme Court to Hear
Abortion Protest Case
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This week, the U.S. Supreme Court granted review next year of a case involving a Massachusetts criminal statute that prohibits those praying outside of abortion clinics from speaking with clinic patients on the sidewalk nearby. The suit seeks to uphold the First Amendment rights of those praying outside of abortion clinics. Stay tuned for more.
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Supreme Court Issues Mixed
Decision on Affirmative Action
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In a 7-1 opinion (Justice Kagan disqualified herself), the U.S. Supreme Court upheld the right of the University of Texas and others to consider race in admissions decisions. At the same time, however, the Court sent the case back to the lower court to conduct a hearing on whether the university showed sufficient evidence that the consideration of race in the admissions process was "necessary" to "achieve the educational benefits of diversity."
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Governor Nixon Signs Pharmacy
Conscience Rights Bill
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This week, Governor Jay Nixon signed SB 126, a bill that states no pharmacy can be compelled to carry "any specific prescription or nonprescription drug or devise." The bill is significant in that it protects those pharmacy owners who object to carrying drugs such as Plan B or other drugs that have the potential to act as an abortifacient. |
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