Bigotry or insanity?
By Fr. ROY CIMAGALA, roycimagala@gmail.com
August
10, 2010
“…an insane person
thinks and reasons a lot, except that his logic is detached from
reality.”
THE issue is not
immediately relevant to us, but though it is Californian or American,
it has treacherous global implications that can affect us sooner or
later. And so we just have to make some comments on it as it is
evolving at the moment.
I am of the opinion
that we need to react now to avoid this complicated development to
reach our shores. We cannot deny that its dangerous seeds are already
sown in our society. It is part of the culture of death that the late
Pope John Paul warned us about.
I’m referring to a
recent decision of an American judge to overturn the so-called
Proposition 8 that bans same-sex unions in
California. This proposition was put to a plebiscite before, and it
won.
In fact, in all the 31
states where this issue was put to a vote, no state voted for “gay
marriage.” Every single one of them reaffirmed the true nature of
marriage.
Now, a judge wants to
strike down the state law that defines marriage as between a man and a
woman. In a brazen act of judicial activism, he is redefining marriage
based on an ideological reasoning.
In his argument, he
said that the “ability to marry” is a fundamental right that cannot be
denied to gays and lesbians. This is diametrically opposed to
historical evidence where societies have always made some restrictions
to this “ability to marry.”
As in, one may not
marry your own sibling, nor marry several spouses at the same time,
etc.
There are many valid
reasons why marriage has to be regulated. Foremost among those should
be the obvious natural truth that marriage is meant for couples to
have children, and this can only happen between a man and a woman.
The nature of marriage
does not depend on the subjective feelings and preferences of the
parties involved. It has an objective, absolute and universal basis.
Of course, in real
life, this objective basis may not be fully appreciated by different
people in different cultures and circumstances. But there has always
been a consensus that it has to be between a man and a woman. Same-sex
unions have largely been seen as abnormal.
Several pro-same-sex
union commentators were quick to declare that with this judge’s
ruling, bigotry has been smashed, obviously referring to the Christian
understanding of marriage.
One noted that the
judge’s decision faulted Proposition 8 banning gay marriages for
violating the rule on due process and equal protection under law. I
consider these claims as alibis.
For sure, everyone is
entitled to his opinion. I prefer to see the whole development not as
bigotry on the part of those who are not in favor of same-sex unions,
but as a step toward legal insanity.
Insanity is never a
matter of a lack of reason. An insane person thinks and reasons a lot,
except that his logic is detached from reality.
And when a legal
system confines itself solely within reason, of the social type more
than the metaphysical, and fails to anchor itself on an ultimate
source of truth, as in faith and beliefs, then it is likely to lapse
into legal insanity.
Its understanding of
due process and equal protection under the law, while formally
commendable, will suffer a basic infirmity that can easily be
manipulated by ideologues pursuing some private agenda.
This has happened many
times in many places and in different episodes of history. We have to
be wary of these tendencies that come as a result when the moral and
spiritual foundations of a society weaken.
We need to be
discerning of the dangerous trends our current world, especially
involving the more developed but decadent countries. We have to be
quick to read the signs of the times, and ready to wage a battle of
love and truth to correct emerging anomalies.
An abominable danger
we should all be careful about is when our legal system makes itself
an absolute source of its own power, authority and wisdom. We become
the most pitiable creatures in the universe when we allow this
disorder to reign over us.
When law and justice
have no deeper foundations than our own understanding of things, our
own preferences, our own historical, cultural and social
conditionings, with no recognition of a higher source of wisdom, then
we truly would be in profound trouble.
This is legal
positivism, pure and simple, a very funny if most painful predicament,
where we can have very sophisticated laws, thoroughly developed and
elaborated, but resting ultimately on a vacuum.