Committee on Laity, Marriage, Family Life and Youth
Subcommittee for the Promotion and Defense of Marriage
3211 FOURTH STREET NE • WASHINGTON DC 20017-1194 • 202-541-3040 • FAX 202-541-3176
MEMORANDUM
To:
All Bishops
From: Bishop Richard Malone, Chairman
Committee on Laity, Marriage, Family Life and Youth
Archbishop Salvatore J. Cordileone, Chairman
Subcommittee for the Promotion and Defense of Marriage
Date: May 28, 2015
Re:
Preparation for Supreme Court Ruling on Marriage
This June, the Supreme Court is expected to issue a decision on the consolidated marriage cases presently
before it. The Court is considering two questions: (1) whether the Fourteenth Amendment to the U.S.
Constitution requires states to issue marriage licenses to two persons of the same sex and (2) whether it
requires a state to recognize a “marriage” between two people of the same sex when their “marriage” was
lawfully licensed and performed out-of-state.
Given the multiple possible rulings by the Court – and in addition to an anticipated statement to be
released from the Conference – specific and brief talking points will be provided on the day of the
decision to all bishops and communications directors, via the Bishops Only website and USCCB Media
Relations, to assist any diocesan communications. Thereafter, further legal analysis will be forthcoming.
At this time, in order to provide further context in advance of the Supreme Court’s decision and to
encourage continued education and prayer, enclosed are the following items:
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Backgrounder on the cases
Open Letter: “The Defense of Marriage and the Right of Religious Freedom: Reaffirming a
Shared Witness”
Lead Messages on Marriage Redefinition
Nationwide Bulletin Insert: Marriage and the Supreme Court
Homily-help bullet points in anticipation of the Supreme Court decision on marriage
Spanish versions of some of these items will follow. Please share these materials with your pastors and
clergy, communications director, marriage and family life director, State Catholic Conference director,
diocesan attorney(s) and others as you deem appropriate.
Please also consider encouraging renewed participation in the Call to Prayer for Life, Marriage, and
Religious Liberty (www.usccb.org/pray), especially as we near the observance of the Fortnight for
Freedom on June 21-July 4.
Lastly, in the event the media pose any questions regarding the marriage cases in advance of the Supreme
Court’s ruling, a possible response might simply note that, while no one is certain what the Court will do,
we know what the Court should do, namely, uphold the right of states to define marriage as the union of
one man and one woman and to recognize only such marriages – all because these laws reflect the truth
about marriage that has been known by humanity for millennia.
Thank you for all that you do on behalf of building a culture of marriage and the family. Please do not
hesitate to contact us or USCCB staff if you have any questions.
Enclosures
Backgrounder on Supreme Court Marriage Cases
Why is the Supreme Court presently considering marriage cases?
After the Court’s 2013 decision in U.S. v. Windsor striking down the federal definition of
marriage in the Defense of Marriage Act, many state marriage laws were challenged in federal
courts. Mostly as a consequence of judicial action – federal and state – marriage has effectively
been redefined in 37 states and the District of Columbia. The U.S. Court of Appeals for the Sixth
Circuit, however, upheld the marriage laws in the four states in that court’s jurisdiction –
Michigan, Ohio, Kentucky, and Tennessee. In January, the Supreme Court granted petitions to
review the Sixth Circuit decision.
What are the marriage cases before the Supreme Court?
The ruling by the U.S. Court of Appeals for the Sixth Circuit encompassed four marriage cases –
one from each of the states in the circuit. The Supreme Court consolidated those cases under the
caption Obergefell v. Hodges.
What are the questions before the Supreme Court?
(1) Does the Fourteenth Amendment require a state to license a marriage between two people of
the same sex?
(2) Does the Fourteenth Amendment require a state to recognize a marriage between two people
of the same sex when their marriage was lawfully licensed and performed out-of-state?
What are the consequences in each scenario?
Ideally, the Court will answer both questions in the negative, allowing states to define and
recognize marriage as the union of one man and one woman.
If the Court answers the first question in the affirmative, then marriage will be constitutionally
redefined throughout the country, requiring same-sex “marriage” everywhere. This would be the
Roe v. Wade decision for marriage. Even if the Court were to answer “no” to the first question, if
the second question were answered “yes” the net effect would be same – persons could simply
travel to states that license same-sex “marriage” and then return to where they live and be
recognized as “married” there. Either way, thousands of laws nationwide related to marriage
would be adversely impacted. Those who continue to advocate the true definition of marriage
will be viewed as proponents of discrimination and will be increasingly marginalized in law and
society at large.
When is a decision expected?
The Court heard oral argument on April 28 and is expected to rule by the end of June.
What is the USCCB’s position on Obergefell v. Hodges?
The USCCB supports upholding the right of states to maintain and recognize the true meaning of
marriage in law as the union of one man and one woman. See the USCCB’s amicus brief to the
Court at http://www.usccb.org/about/general-counsel/amicus-briefs/upload/Obergefell-v-Hodges.pdf.
THE DEFENSE OF MARRIAGE AND THE RIGHT OF RELIGIOUS
FREEDOM: REAFFIRMING A SHARED WITNESS
An Open Letter from Religious Leaders to All in Positions of Public Service
Released April 23, 2015
Dear Friends:
At this significant time in our nation’s history with the institution of marriage before the United States
Supreme Court, we reaffirm our commitment to promote and defend marriage—the union of one man and
one woman. As religious leaders from various faith communities, we acknowledge that marriage is the
foundation of the family where children are raised by a mother and a father together. Our commitment to
marriage has been expressed on previous occasions, including the Letter of Shared Commitment and Letter
on Marriage and Religious Liberty. This commitment is inseparable from affirming the equal dignity of all
people and the necessity of protecting their basic rights.
The state has a compelling interest in maintaining marriage as it has been understood across faiths and
cultures for millennia because it has a compelling interest in the well-being of children. Every child has a
mother and a father, and every child deserves the opportunity, whenever possible, to be raised by his or her
own married mother and father in a stable, loving home. Marriage as the union of a man and a woman is the
only institution that encourages and safeguards the connection between children and their mother and
father. Although this connection cannot always be realized and sustained—and many single parents, for
example, are heroic in their efforts to raise their children—it is in the best interests of the state to
encourage and uphold the family founded on marriage and to afford the union of husband and wife unique
legal protection and reinforcement.
The redefinition of legal marriage to include any other type of relationship has serious consequences,
especially for religious freedom. It changes every law involving marital status, requiring that other such
relationships be treated as if they were the same as the marital relationship of a man and a woman. No
person or community, including religious organizations and individuals of faith, should be forced to accept
this redefinition. For many people, accepting a redefinition of marriage would be to act against their
conscience and to deny their religious beliefs and moral convictions. Government should protect the rights
of those with differing views of marriage to express their beliefs and convictions without fear of
intimidation, marginalization or unwarranted charges that their values imply hostility, animosity, or hatred
of others.
In this and in all that we do, we are motivated by our duty to love God and neighbor. This love extends to
all those who disagree with us on this issue. The well-being of men, women, and the children they conceive
compels us to stand for marriage as the union of one man and one woman. We call for the preservation of
the unique meaning of marriage in the law, and for renewed respect for religious freedom and for the
conscience rights of all in accord with the common good.
Sincerely Yours:
ONE MAN, ONE WOMAN, FOR LIFE
Lead Messages on Marriage Redefinition
For more resources, please visit www.marriageuniqueforareason.org
Definitions Matter
Marriage is and can only be the union of one man and
one woman. It is the only institution that unites a man
and a woman with each other and with any child who
comes from their union. Only a man and a woman can
become husband and wife, father and mother, together.
The Supreme Court
The Supreme Court is currently considering two
questions: whether the 14th Amendment requires states
to issue marriage licenses to two persons of the same
sex and whether states are required to recognize same
sex “marriages” that were contracted in another state.
The answer should be “no” to both questions.
Sexual Difference
Sexual difference, male and female, is essential for
marriage and children. Our bodies matter—we don’t
just have a body but are a body. Without this basis,
there is no limit to what “marriage” can mean.
Marriage is natural
Marriage is a natural institution that predates
government. Every human society has acknowledged
that the sexual union of man and woman matters
because it creates the next generation. While Jesus
elevates Christian marriage to a sacrament, the
complementarity of the sexes and the natural meaning
of marriage can be known through reason without
appealing to Scripture.
Children
Every child has a mother and a father and deserves to
be loved and raised by them. While some circumstances
may prevent this, marriage is the primary way society
protects this right of children.
Mothers and fathers matter
Only a man can be a father; only a woman can be a
mother. Both are irreplaceable. A child should not be
deliberately deprived of either one.
Single Parents
Single parents and others often make great sacrifices to
raise children. They deserve our respect and support.
The key point is not to deliberately or intentionally
deprive children of their mother or father or ignore
their rights.
Adoptive Families
If circumstances preclude a child’s staying with his or
her natural parents, the optimal alternative is for a
married man and woman to become for that child a
father and a mother united in an exclusively faithful
commitment for life.
Dignity of the Human Person
All persons have inviolable dignity and deserve love and
respect. Redefining marriage furthers no one’s rights,
least of all those of children.
Equality and Rights
Affirming the true definition of marriage denies no one
their basic rights. Rather, it affirms the equal dignity of
women and men and safeguards the rights of children.
Discrimination
Unjust discrimination is always wrong. Treating
different things differently is not unjust discrimination.
Protecting marriage is a matter of justice.
Same-Sex Attraction and the Church
The experience of same-sex attraction is a reality that
calls for compassion, sensitivity, pastoral care and
attention. Support groups, such as Courage and
Encourage, are an important part of the Church’s
pastoral ministries. (See USCCB, Ministry to Persons
with a Homosexual Inclination [2006]: p. 22.)
Religious Freedom
Redefining marriage in the law changes thousands of
laws at once. It will set the Church’s teaching and
witness about marriage in opposition to the law. It will
cause innumerable conflicts between the state and
religious institutions and individuals. There are, in fact,
already numerous examples of this.
Ongoing work
The USCCB seeks to strengthen, promote and defend
marriage through its initiatives For Your Marriage
(foryourmarriage.org), Por Tu Matrimonio
(portumatrimonio.org) and Marriage: Unique for a
Reason (marriageuniqueforareason.org). Please visit,
explore and share these sites.
MARRIAGE AND THE SUPREME COURT
Spring 2015
USCCB Nationwide Bulletin Insert
The Supreme Court is now considering whether states can define marriage as the union of
one man and one woman, and whether a state that does so must recognize a “marriage” contracted
out-of-state by two persons of the same sex.
The Court is expected to rule on both questions by the end of June. A broad, adverse ruling
would redefine marriage in the law throughout the entire country, changing thousands of laws regarding marriage, family and children and threatening religious freedom in numerous ways. The
United States Conference of Catholic Bishops has urged the Supreme Court to uphold the right of
states to define marriage as the union of husband and wife and to recognize only such unions, all for
the good of society and particularly for children.
WHAT YOU CAN DO
PRAY, FAST, SACRIFICE
The Bishops have encouraged Catholics to
participate in a Call to Prayer for Life, Marriage,
and Religious Liberty. Visit www.usccb.org/pray
to learn more and commit to praying and fasting
for life, marriage, and religious liberty.
The Bishops have also called for a Fortnight for
Freedom from June 21-July 4 focusing on the
Freedom
to
Bear
Witness.
Visit
www.FortnightforFreedom.org.
ADVOCATE FOR MARRIAGE
Don’t be afraid to talk about it.
Be a witness for the truth of marriage. Take advantage of opportunities to speak about it kindly
with family, friends, neighbors or co-workers. Be
prepared for false charges of discrimination and to
respond with the following truths in charity.
What is marriage?
Marriage is the permanent and exclusive union of
one man and one woman, for the good of the
spouses and for the procreation and education of
children. One man, one woman, for life.
The difference is the difference.
Men and women are equal and different. Sexual
difference is essential to marriage and raising children. Ignoring or removing “the difference is… the
problem, not the solution” (Pope Francis).
Mothers and fathers matter.
They aren’t interchangeable. While single parents
and others raising children often make heroic sacrifices and deserve support, society should also
affirm every child’s basic, natural right to come
from and be raised in the loving marital union of
his or her own father and mother.
Protecting marriage matters to everyone.
Law is a teacher, and redefining marriage in the
law teaches that one sex is interchangeable with
the other, and that either a mother or a father is
dispensable as a parent. It teaches that marriage is
whatever “consenting adults” say it is, and that
adults have a “right” to children they did not conceive. These are simply false.
LEARN MORE
Visit www.MarriageUniqueForAReason.org for
more resources on the authentic meaning of
marriage. For resources for engaged couples and
married couples, visit www.ForYourMarriage.org
and www.PorTuMatrimonio.org.
THE IMPENDING SUPREME COURT DECISION ON MARRIAGE – A RESOURCE FOR PREACHING
The Supreme Court has consolidated marriage cases before it and is expected to issue a ruling
before the end of June on (1) whether states are required to issue marriage licenses to two
persons of the same sex and (2) whether states must recognize same-sex “marriages” contracted
out-of-state.
The Supreme Court can’t change what marriage really is.
 Marriage by its nature remains the union of one man and one woman.
 Man and woman were designed by God in relation to one another, and only man and
woman can form a conjugal union with one another that brings forth children.
Marriage has public significance.
 Society needs an institution that connects children to their mothers and fathers. Marriage
is the only institution that does this.
 Mothers and fathers are irreplaceable, not interchangeable.
 We uphold the dignity and basic rights of all people, particularly the basic right of
children to be raised by their own mother and father whenever possible.
 Protecting the meaning of civil marriage concerns everyone because stable marriages and
family life are the foundation of a just and flourishing society.
We must not be silent about injustice.
 Children need a father and a mother, and the law should respect and protect that need.
Any decision which fails to do that harms society. Marriage redefinition is an injustice
that must always be opposed.
 Deliberately depriving a child of either a mother or a father is wrong. While single parents
and others in difficult circumstances deserve our support and care, every child’s basic
right to be raised, where possible, by his or her own married mother and father in a stable
home needs to be protected.
Redefining marriage in the law endangers religious freedom.
 Those who stand for marriage are already being called bigots. If marriage is redefined
throughout the country, we may face false charges of discrimination or hatred.
 People have been punished for acting on their belief in marriage – they’ve been sued, lost
their jobs, and forced to close down their businesses (florists, photographers, bakers, etc.).
 Our schools, hospitals and charitable institutions could be threatened and could lose
access to public funds, non-profit status, or licenses to operate. This has already occurred,
with Catholic agencies being forced to discontinue adoption and foster care, all because of
their view on marriage.
Pray, sacrifice and be informed about marriage and religious freedom.
 Let us be people of prayer, courage, and mercy. Let us pray for our Supreme Court and for
our nation. Let us also study, educate ourselves, and be courageous witnesses for the truth.
And finally, may all we do show forth the love and mercy of Jesus Christ.
 [Resources could be placed in the bulletin to help laity do these things. This issue
particularly requires the witness of the laity.]
The Rev. Dr. Leith Anderson
John Hopler
Rocky Rocholl
President
National Association of Evangelicals
Director
Great Commission Churches
President
Fellowship of Evangelical Churches
The Most Rev. Dr. Foley Beach
Steven R. Jones
Rev. Samuel Rodriguez
Archbishop and Primate
Anglican Church in North America
President
Missionary Church, Inc.
Dr. A.D. Beacham, Jr.
Imam Faizul Khan
President
National Hispanic Christian Leadership
Conference / Hispanic Evangelical
Association
Presiding Bishop
International Pentecostal Holiness Church
Islamic Society of Washington Area
The Rev. John F. Bradosky
Most Rev. Joseph E. Kurtz
Bishop
North American Lutheran Church
Archbishop of Louisville
President
United States Conference of Catholic Bishops
Rev. Mark Chavez
Most Rev. William E. Lori
General Secretary
North American Lutheran Church
Clint Cook
Archbishop of Baltimore
Chairman
USCCB Ad Hoc Committee for
Religious Liberty
Executive Director
General Association of General Baptists
Dr. Jo Anne Lyon
Most Rev. Salvatore J. Cordileone
General Superintendent
The Wesleyan Church
Archbishop of San Francisco
Chairman
USCCB Subcommittee for the Promotion
and Defense of Marriage
His Eminence Archbishop Demetrios
Archbishop of America
President of the Holy Eparchial Synod
Greek Orthodox Archdiocese of America
The Most Rev. Robert Duncan
Archbishop Emeritus
Anglican Church in North America
Bishop, Anglican Diocese of Pittsburgh
Rev. Dr. Ron Hamilton
Conference Minister
Conservative Congregational Christian
Conference
Rev. Dr. Matthew Harrison
President
Lutheran Church - Missouri Synod
Rev. Bruce D. Hill
Bishop
Evangelical Congregational Church
Most Rev. Richard J. Malone
Bishop of Buffalo
Chairman
USCCB Committee on Laity, Marriage,
Family Life and Youth
Dr. Russell Moore
President
Southern Baptist Ethics & Religious Liberty
Commission
Dr. Gus Reyes
Director
Christian Life Commission, Texas Baptists
Rev. Eugene F. Rivers, III
Bishop Gary E. Stevenson
Presiding Bishop
The Church of Jesus Christ of Latter-day
Saints
Dr. L. Roy Taylor
Stated Clerk
Presbyterian Church in America
His Beatitude, The Most
Blessed Tikhon
Archbishop of Washington and Metropolitan
of All America and Canada
Orthodox Church in America
Dr. Joseph Tkach
President
Grace Communion International
Rev. Dr. David Wendel
Assistant to the Bishop for
Ministry and Ecumenism
North American Lutheran Church
Rev. Phillip Whipple
Bishop
United Brethren in Christ Church, USA
David P. Wilson
General Secretary
Church of the Nazarene
Founder and President
Seymour Institute for Black Church and
Policy Studies
Rev. Paul Winter
Jacqueline C. Rivers
Dr. George O. Wood
Executive Director
Seymour Institute for Black Church and
Policy Studies
Larry Roberts
Chief Operating Officer
The Free Methodist Church – USA
Elder
Bruderhof Communities
General Superintendent
Assemblies of God