Sunday, June 28, 2015

The "Supreme Court's" ruling "legalizing" same-sex "marriage" has no basis in the Constitution

Our Founding Fathers had a healthy respect for Divine Revelation and Natural Law. Homosexual acts were viewed as crimes against nature. Since the Natural Law is immutable, or unchangeable, they still are.

Which is why, as "Supreme Court" Chief Justice John Roberts stressed in his dissenting view over the court's 5-4 ruling "legalizing" same-sex "marriage," "The majority's decision is an act of will, not legal judgment. The right it announces has no basis in the Constitution or this Court's precedent.."

Roberts added in his dissent. "Just who do we think we are?"  See here.

Precisely.

"It can be safely said that the attitude of the Founders on the subject of homosexuality was precisely that given by William Blackstone in his Commentaries on the Laws--the basis of legal jurisprudence in America and heartily endorsed by numbers of significant Founders. In addressing sodomy (homosexuality), he found the subject so reprehensible that he was ashamed even to discuss it. Nonetheless, he noted:

'What has been here observed . . . [the fact that the punishment fit the crime] ought to be the more clear in proportion as the crime is the more detestable, may be applied to another offence of a still deeper malignity; the infamous crime against nature committed either with man or beast. A crime which ought to be strictly and impartially proved and then as strictly and impartially punished. . . . I will not act so disagreeable part to my readers as well as myself as to dwell any longer upon a subject the very mention of which is a disgrace to human nature [sodomy]. It will be more eligible to imitate in this respect the delicacy of our English law which treats it in its very indictments as a crime not fit to be named; "peccatum illud horribile, inter christianos non nominandum" (that horrible crime not to be named among Christians). A taciturnity observed likewise by the edict of Constantius and Constans: "ubi scelus est id, quod non proficit scire, jubemus insurgere leges, armari jura gladio ultore, ut exquisitis poenis subdantur infames, qui sunt, vel qui futuri sunt, rei" (where that crime is found, which is unfit even to know, we command the law to arise armed with an avenging sword that the infamous men who are, or shall in future be guilty of it, may undergo the most severe punishments).'" (Sir William Blackstone, Commentaries on the Laws of England (Oxford: Clarendon Press, 1769, Vol. IV, pp. 215-216).

"Because of the nature of the crime, the penalties for the act of sodomy were often severe. For example, Thomas Jefferson indicated that in his home state of Virginia, "dismemberment" of the offensive organ was the penalty for sodomy. In fact, Jefferson himself authored a bill penalizing sodomy by castration. The laws of the other states showed similar or even more severe penalties:

That the detestable and abominable vice of buggery [sodomy] . . . shall be from henceforth adjudged felony . . . and that every person being thereof convicted by verdict, confession, or outlawry [unlawful flight to avoid prosecution], shall be hanged by the neck until he or she shall be dead.

NEW YORK

That if any man shall lie with mankind as he lieth with womankind, both of them have committed abomination; they both shall be put to death.

CONNECTICUT

Sodomy . . . shall be punished by imprisonment at hard labour in the penitentiary during the natural life or lives of the person or persons convicted of th[is] detestable crime.

GEORGIA

That if any man shall commit the crime against nature with a man or male child . . . every such offender, being duly convicted thereof in the Supreme Judicial Court, shall be punished by solitary imprisonment for such term not exceeding one year and by confinement afterwards to hard labor for such term not exceeding ten years.

MAINE

That if any person or persons shall commit sodomy . . . he or they so offending or committing any of the said crimes within this province, their counsellors, aiders, comforters, and abettors, being convicted thereof as above said, shall suffer as felons. [And] shall forfeit to the Commonwealth all and singular the lands and tenements, goods and chattels, whereof he or she was seized or possessed at the time . . . at the discretion of the court passing the sentence, not exceeding ten years, in the public gaol or house of correction of the county or city in which the offence shall have been committed and be kept at such labor.

PENNSYLVANIA

[T]he detestable and abominable vice of buggery [sodomy] . . . be from henceforth adjudged felony . . . and that the offenders being hereof convicted by verdict, confession, or outlawry [unlawful flight to avoid prosecution], shall suffer such pains of death and losses and penalties of their goods.

SOUTH CAROLINA

That if any man lieth with mankind as he lieth with a woman, they both shall suffer death."


2 comments:

  1. Derek4:41 PM

    It is time to disband the SCOTUS. I agree with Governor Jindal. Enough with the fanatical leftist dictatorship of this court.

    ReplyDelete
  2. Athol/OrangeCatholic5:26 AM

    I know the silence will continue at OLI in Athol. They apparently don't believe in the authoritative teaching of Scripture and Tradition relative to homosexual acts. Silence means acceptance.

    ReplyDelete