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There are some awesomely bizarre factual findings in Perry v. Schwarzenegger, but this one really threw me:

“Religious beliefs that gay and lesbian relationships are sinful or inferior to heterosexual relationships harm gays and lesbians.”

First of all, even if this were true, it is completely irrelevant. The question before the court was whether gay marriage exists as a fundamental right under the 14th amendment. Or, in the alternative, whether Prop 8’s proscription against gay marriage violates the equal protection clause.

Whatever religion says about gays, it has no bearing on the case at all. It’s hard to imagine a less relevant purported ‘fact”. Either the constitution allows it or it does not; the position of specific groups on gay relationships is beside the point.

If his point was that people voted for prop 8 because of their biases, then he needs to have specific evidence of bias. Not the fact that TV ads were run. Not the fact that religions take certain positions. Religions take positions all the time that are ignored by the people within that religion. For example, American Catholics routinely are shown in polls to approve of the right to an abortion. Proponents of political positions may say all sorts of things. That does not mean the electorate voted in complete agreement with what was said. The ads may have had no effect at all on the opinions of the electorate.

And even more bizarre is the Judge’s extreme myopia. He goes on about the fact that the Catholic church thinks homosexuality is a sin, even quoting specific chunks of documents written by the bishops.

But he does not tell you the other part of the church’s doctrine on homosexuals. There are two parts to it. Yet the judge only revealed one part. I wonder why that was.

From the Catholic Catechism, which lays out the official positions of the Catholic church.

#2358 The number of men and women who have deep-seated homosexual tendencies is not negligible. This inclination, which is objectively disordered, constitutes for most of them a trial. They must be accepted with respect, compassion, and sensitivity. Every sign of unjust discrimination in their regard should be avoided. These persons are called to fulfill God’s will in their lives and, if they are Christians, to unite to the sacrifice of the Lord’s Cross the difficulties they may encounter from their condition.

So there are two parts to Catholic doctrine.

First, they say homosexual acts are a sin. But second, gays are to be “accepted” and everyone is to treat every homosexual with respect, compassion, and sensitivity.

And not to do so is a sin in the Catholic church.  

The judge told you about part one, but he did not tell you about part two. Or, he didn’t bother to find out. Or, he relied on unreliable experts for his education on the matter.

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