Friday, April 29, 2011

DOMA in the Code - Section 3

-CITE-
1 USC Sec. 7 01/07/2011
-EXPCITE-
TITLE 1 - GENERAL PROVISIONS
CHAPTER 1 - RULES OF CONSTRUCTION
-HEAD-
Sec. 7. Definition of "marriage" and "spouse"
-STATUTE-
In determining the meaning of any Act of Congress, or of any ruling, regulation, or interpretation of the various administrative bureaus and agencies of the United States, the word "marriage" means only a legal union between one man and one woman as husband and wife, and the word "spouse" refers only to a person of the opposite sex who is a husband or a wife.
-SOURCE-
(Added Pub. L. 104-199, Sec. 3(a), Sept. 21, 1996, 110 Stat. 2419.)
-End-

Link: http://uscode.house.gov/download/pls/28C115.txt

DOMA in the Code - Section 2

-CITE-
28 USC Sec. 1738C 02/01/2010
-EXPCITE-
TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE
PART V - PROCEDURE
CHAPTER 115 - EVIDENCE; DOCUMENTARY
-HEAD-
Sec. 1738C. Certain acts, records, and proceedings and the effect thereof
-STATUTE-
No State, territory, or possession of the United States, or Indian tribe, shall be required to give effect to any public act, record, or judicial proceeding of any other State, territory, possession, or tribe respecting a relationship between persons of the same sex that is treated as a marriage under the laws of such
other State, territory, possession, or tribe, or a right or claim arising from such relationship.
-SOURCE-
(Added Pub. L. 104-199, Sec. 2(a), Sept. 21, 1996, 110 Stat. 2419.)
-End-

Link: http://uscode.house.gov/download/pls/28C115.txt

DOMA Text

One Hundred Fourth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the third day of January, one thousand nine hundred and ninety-six
An Act
To define and protect the institution of marriage.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Defense of Marriage Act’’.
SEC. 2. POWERS RESERVED TO THE STATES.
(a) IN GENERAL.—Chapter 115 of title 28, United States Code, is amended by adding after section 1738B the following:
‘‘§ 1738C. Certain acts, records, and proceedings and the effect thereof
‘‘No State, territory, or possession of the United States, or Indian tribe, shall be required to give effect to any public act, record, or judicial proceeding of any other State, territory, possession, or tribe respecting a relationship between persons of the same sex that is treated as a marriage under the laws of such other State, territory, possession, or tribe, or a right or claim arising from such relationship.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 115 of title 28, United States Code, is amended by inserting after the item relating to section 1738B the following new item: ‘‘1738C. Certain acts, records, and proceedings and the effect thereof.’’.
SEC. 3. DEFINITION OF MARRIAGE.
(a) IN GENERAL.—Chapter 1 of title 1, United States Code, is amended by adding at the end the following:
‘‘§ 7. Definition of ‘marriage’ and ‘spouse’
‘‘In determining the meaning of any Act of Congress, or of any ruling, regulation, or interpretation of the various administrative bureaus and agencies of the United States, the word ‘marriage’ means only a legal union between one man and one woman as husband and wife, and the word ‘spouse’ refers only to a person of the opposite sex who is a husband or a wife.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 1 of title 1, United States Code, is amended by inserting after the item relating to section 6 the following new item:
‘‘7. Definition of ‘marriage’ and ‘spouse’.’’.
 
Link: http://www.gpo.gov/fdsys/pkg/BILLS-104hr3396enr/pdf/BILLS-104hr3396enr.pdf

Sunday, April 24, 2011

He is Risen! Alleluia

For the second successive year health issues have prevented me from serving the Triduum. The peak celebrations of the year, and I've been unable to participate.

I'm reminded of St. Paul:
Three times I begged the Lord about this, that it might leave me, but he said to me, "My grace is sufficient for you, for power is made perfect in weakness." I will rather boast most gladly of my weaknesses, in order that the power of Christ may dwell with me. Therefore, I am content with weaknesses, insults, hardships, persecutions, and constraints, for the sake of Christ; for when I am weak, then I am strong. (II Cor 12:8-10)
At the least I plan on serving the last Mass of the day in my home parish, St. Joan of Arc, later this morning.

Sunday, April 17, 2011

Sioux City Sooth

The blogger at Sioux City Deacon Formation suggests that the clerical obligations of perpetual continence and celibacy stated in Canon 277 are equivalent and unified: one single obligation. Whether he would agree or not, I see this inference as equivalent to the logical argument advanced in a letter to Homiletic and Pastoral Review (last letter in thread). See also here. That is, if perpetual continence implies celibacy, celibacy requires perpetual continence. And non-celibacy therefore implies the possibility of non-continence, with moral law additionally requiring continence outside of marriage.