Prop. 8 Judge: Pope Hurt Homosexuals

In the 136-page ruling overturning California’s ban on “gay marriage,” Judge Vaughn Walker cites a document signed by then-Cardinal Ratzinger, now Pope Benedict XVI, to show that “religious beliefs that gay and lesbian relationships are sinful” can “harm gays and lesbians.”

William May, chairman of Catholics for the Common Good (CCG), told LifeSiteNews (LSN) that it was shocking for a federal court to rule that “Catholic teaching and [that] that of other religions are harmful to anyone.”

He also said that Walker’s ruling demonstrates how “freedom for religious expression and the private interests and feelings of individuals” are on a collision course.

“Religion has always been seen as a good,” he said, but “now it is being seen by an increasing number of people as harmful.”

The document that Judge Walker quoted, entitled “Considerations Regarding Proposals to Give Legal Recognition to Unions Between Homosexual Persons,” was issued in 2003 by the Congregation for the Doctrine of the Faith (CDF) and signed by Cardinal Joseph  Ratzinger, who was then prefect.

The ruling quotes the document’s statement that “Sacred Scripture condemns homosexual acts ‘as a serious depravity.'”

The ruling also quotes the statement that there “are absolutely no grounds for considering homosexual unions to be in any way similar or even remotely analogous to God’s plan for marriage and family,” as well other short statements summarizing Catholic theology.

These quotations are offered in support of the ruling’s 77th “finding of fact”: “Religious beliefs that gay and lesbian relationships are sinful or inferior to heterosexual relationships harm gays and lesbians.”

Walker’s ruling has fully 80 findings of fact, which are separated from the “conclusions of law” in which he decides the case.  Appellate courts are typically deferential to a lower court’s findings of fact, which has lead most commentators to agree that Walker’s ruling was specifically written to withstand appeal.

As evidence that religious beliefs harm homosexuals, Walker also quotes resolutions from the Southern Baptist Convention, the Evangelical Presbyterian Church, the Free Methodist Church, the Lutheran Church-Missouri Synod, and the Orthodox Church of America.

None of these resolutions recommend violence against homosexuals; all of them generally state only that homosexual behavior is contrary to God’s will.

Many of Judge Vaughn Walker’s quotations from the CDF document were indirectly pulled from the website of Catholics for the Common Good, an apostolate for the evangelization of the culture.  It runs training and formation programs to prepare Catholics to deal with the current corrosive influence of the culture on marriage and family.

Chairman William May of the CCG told LSN that although the Church “is threatened by attitudes like Walker’s, the response must be love” instead of a response that others interpret “as merely ideological.”

The battle for marriage is not simply in the courts, he explained, but in people’s minds and imaginations.

“New ways must be discovered for inculturating the truth and beauty of our faith to help people understand the reality of the human person in God’s plan for creation and the path to true love, true freedom, and true happiness.”

In his ruling, Judge Walker did not note that the CDF document he quotes also condemns unjust action against homosexuals.  The document says that the “whole moral truth” is contradicted “both by approval of homosexual acts and [by] unjust discrimination against homosexual persons.”

It also condemns any attempts to redefine marriage between a man and a woman to include same-sex “unions.”

“If, from the legal standpoint, marriage between a man and a woman were to be considered just one possible form of marriage, the concept of marriage would undergo a radical transformation, with grave detriment to the common good,” the document states. “By putting homosexual unions on a legal plane analogous to that of marriage and the family, the State acts arbitrarily and in contradiction with its duties.”

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  • jmtfh

    BIG OOPS, here! This judge is worried about how Christian teaching is harmful to homosexuals??? But he fails to mention other REAL life-threatening DANGERS of this lifestyle. Here are just a few:

    •78% of homosexuals are affected by STDs.
    •Judge John Martaugh, chief magistrate of the New York City Criminal Court has said, “Homosexuals account for 50% the murders in large cities.
    •Homosexuals account for well over 50% of the AIDS cases in the United States, which is quite a large number considering that they account for only 1-2% of the population.
    •Depending on the city, 39-59% of homosexuals are infected with intestinal parasites like worms, flukes and amoebae, which is common in filthy third world countries.
    •The median age of death of homosexuals is 42 (only 9% live past age 65). This drops to 39 if the cause of death is AIDS. The median age of death of a married heterosexual man is 75.
    •Homosexuals are 100 times more likely to be murdered (usually by another homosexual) than the average person, 25 times more likely to commit suicide, and 19 times more likely to die in a traffic accident.

    JUDGE WALKER is certainly confused about what can REALLY harm homosexuals–and it is NOT Christian beliefs.
    ***For additional info and the scientific sources for the above stats visit:

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  • sicfishko


    I do agree with the article and I think the judge is mixing seperation of church and state (ironic really, that the church has to “stay out” of all the issues, yet we’re brought in here). I think your facts are interesting, but for the sake of your own credibility you might want to consider using a source from the last 16 years, as the most recent citation was from 1994 in the article you’re quoting. Try finding some research from this century.

  • You can’t expect factual accuracy to get in the way of people like Judge Walker, who will overturn all that is sacred for the sake of their perverted pleasures.

    As for facts, here is an excerpt from today’s post from the Family Research Council:

    …In his rush to throw 40 years of analysis under the bus because it didn’t suit his personal agenda, Judge Walker launched a full-scale assault on the international research community. Considering the quick snapshots below, how many people would feel comfortable turning over young children to homosexuals? How many would agree with Walker that “same-sex couples are identical to opposite-sex couples?”

    Promiscuity and Infidelity
    Journal of Marriage and Family: In 2005, the dissolution rate of homosexual couples was more than three times that of heterosexual married couples, and the dissolution rate of lesbian couples was more than four-fold that of heterosexual married couples.1

    Homosexualities: A Study of Diversity among Men and Women: Researchers found that 43% percent of white male homosexuals had sex with 500 or more partners, and 28% had 1,000 or more partners.2

    The Social Organization of Sexuality: Only 4.5% of homosexual males said they were faithful to their current partner, compared to 85% of married women and 75.5% of married men.3

    Sex Roles: “Forty percent of homosexual men in civil unions and 49% of homosexual men not in civil unions had ‘discussed and decided it is okay… to have sex outside of the relationship.'” Only 3.5% of heterosexual married men and their wives agreed that sex outside of the relationship was acceptable.4

    Substance Abuse
    The Gay and Lesbian Medical Association: “Gay men use substances at a higher rate than the general population. Also, “gay men have higher rates of alcohol dependence and abuse than straight men.”5
    The Gay and Lesbian Medical Association: “Illicit drugs may be used more often among lesbians than heterosexual women,” and alcohol “use and abuse may be higher among lesbians.”6

    Domestic Violence
    National Institute of Justice: “Same-sex cohabitants reported significantly more intimate partner violence than did opposite-sex cohabitants–39% of lesbian cohabitants reported being raped, physically assaulted, and/or stalked by a cohabitating partner at some time in their lifetimes, compared to 21% of heterosexual women. Among men, the comparable figures are 23.1% and 7.4%.”7

    Child Sexual Abuse
    Journal of Sex Research: Although heterosexuals outnumber homosexuals by a ratio of at least 20 to 1, about one-third of the total number of child sex offenses are homosexual in nature.8
    Archives of Sexual Behavior: Eighty-six percent of offenders against males described themselves as homosexual or bisexual.9

    Psychological Instability
    Journal of Human Sexuality: “No other group of comparable size in society experiences such intense and widespread pathology.”10


    1. Lawrence Kurdek, “Are Gay and Lesbian Cohabiting Couples Really Different from Heterosexual Married Couples?” Journal of Marriage and Family 66 (November 2004): 893.

    2 A. P. Bell and M. S. Weinberg, Homosexualities: A Study of Diversity Among Men and Women (New York: Simon and Schuster, 1978), pp. 308, 309; See also A. P. Bell, M. S. Weinberg, and S. K. Hammersmith, Sexual Preference (Bloomington: Indiana University Press, 1981).

    3 Laumann, The Social Organization of Sexuality, 216; McWhirter and Mattison, The Male Couple: How Relationships Develop (1984): 252-253; Wiederman, “Extramarital Sex,” 170.

    4 Sondra E. Solomon, Esther D. Rothblum, and Kimberly F. Balsam, “Money, Housework, Sex, and Conflict: Same-Sex Couples in Civil Unions, Those Not in Civil Unions, and Heterosexual Married Siblings,” Sex Roles 52 (May 2005): 569.

    5 Victor M. B. Silenzio, “Top 10 Things Gay Men Should Discuss with their Healthcare Provider” (San Francisco : Gay & Lesbian Medical Association); accessed April 1, 2010; online here.

    6 Katherine A. O’Hanlan, “Top 10 Things Lesbians Should Discuss with their Healthcare Provider” (San Francisco : Gay & Lesbian Medical Association); accessed April 1, 2010; online here.

    7 “Extent, Nature, and Consequences of Intimate Partner Violence,” U.S. Department of Justice: Office of Justice Programs (July, 2000): 30.

    8 Kurt Freund, Robin Watson, and Douglas Rienzo, “Heterosexuality, Homosexuality, and Erotic Age Preference,” The Journal of Sex Research 26, No. 1 (February, 1989): 107.

    9 W. D. Erickson, “Behavior Patterns of Child Mo??lesters,” Archives of Sexual Behavior 17 (1988): 83.

    10 James E. Phelan, Neil Whitehead, Philip M. Sut??ton, “What Research Shows: NARTH’s Response to the APA Claims on Homosexuality,” Journal of Human Sexuality Vol. 1, p. 93 (National Association for Research and Therapy of Homosexuality, 2009).