The Feeder Feed and a saint who couldn’t stand another saint

I haven’t posted anything about the feeder activity lately.Twitter

Here is an action shot!

This Blue Jay does not like the other flying competition.

Mr. Indigo Bunting likes millet.

A nice shot of a young female Oriole.  Most of the adults have flown south already.

Mrs. Ruby-Throated Hummingbird perched for a drink from the feeder on office window.

An alert Mrs. Cardinal.

There are fewer Goldfinches around right now, since it is time for them at last to nest.
 
I still have House Finches and Purple Finches coming around.

The Chickadees are back in force from their Alaskan cruise, or wherever they were hanging out.

I still have quite a few female Red-Breasted Grosbeaks, but all the males have flown, no doubt to stake out their territory down yonder.

No repeated sighting of Baeolophus bicolor, alas.

Elsewhere…. across the road I saw a Killdeer darting into a field.  I also had the great pleasure of watching a Red-Tailed Hawk successfully dive on his prey in a ditch by the road.  Once less member of the vermin class to annoy us.  There are numerous swallows in the evening, not to mention bats.   Though bats aren’t birds, they have my esteem.  Not only do the eat mosquitoes, laudable in itself, but they have an amusing name in Italian: pipistrelli.   I also am fond of "bat" in Latin: vespertilio.   The reason for this name should be obvious.

I think St. Ambrose was a little hard on the poor bat, frankly.  In Hexameron he quipped:

Vespertilio animal ignobile a vespere nomen accepit.

In his Commentary on Isaiah (1.2.20) the sometimes less than noble St. Jerome also explains the bat:

 

Vespertilio autem nocturna avis, quae congruum ab eis nomen accepit νυκτερίς, eo quod in nocte volitet, parvum animal est, et murium simile, non tam voce et cantu resonans, quam stridore, quod cum videatur volitare, lucifugum est et solem videre non patitur.

 

Jerome and Ambrose together in an entry about birds… 

Jerome did not like Ambrose at all.   I suspect Jerome was envious of the great Bishop of Milan.

Who can forget the harsh ornithological description Jerome applied to Ambrose?

In Book II of his Apology, Rufinus pointed out how Jerome had attacked Ambrose.   In Apology 2,23-25, as he digs into accusations of plagiarism which were being hurled around, he .  Rufinus says that Jerome referred to Ambrose as a raven, a bird of ill omen, croaking and ridiculing in an strange way the color of all the others birds on account of his own total blackness…

Praesertim cum a sinistro oscinem corvum audiam croccientem et mirum in modum de cunctarum avium ridere coloribus, cum totus ipse tenebrosus sit.

!

Again, going on about Jerome’s accusation against Ambrose of plagiarism, in 2,25 Rufinus continues about Jerome’s treatment of Ambrose with his own counter charges.  Here it is in English:

 

You observe how (Jerome) treats Ambrose. First, he calls him a raven and says that he is black all over; then he calls him a jackdaw who decks himself in other birds’ showy feathers; and then he rends him with his foul abuse, and declares that there is nothing manly in a man whom God has singled out to be the glory of the churches of Christ, who has spoken of the testimonies of the Lord even in the sight of persecuting kings and has not been alarmed. The saintly Ambrose wrote his book on the Holy Spirit not in words only but with his own blood; for he offered his life-blood to his persecutors, and shed it within himself, although God preserved his life for future labours.

 

Nope.  Jerome did not like Ambrose at all.

There is also Jerome’s devastating quip: Heri catechumenus, hodie pontifex.

In 397, the year of Ambrose death, Jerome wrote to a Roman named Oceanus who wanted Jerome to help him fight against a bishop in Spain who had married a second time.  Jerome tells Oceanus to drop it, since that bishops’ first marriage had been before baptism.  However, Jerome uses the occasion to take a swipe at Ambrose. 

Ambrose had been popularly proclaimed bishop in Milan in 374 even though he had not even been baptized and had no theological training. The emperor, who wanted peace, acceded and within a week Ambrose was baptized and consecrated bishop.

Jerome, who in my opinion was disappointed that he hadn’t been made Bishop of Rome, surely felt the sting of Ambrose’s meteoric rise.

Jerome wrote:

 

Heri catechumenus, hodie pontifex; heri in amphitheatro, hodie in ecclesia; vespere in circo, mane in altari; dudum fautor strionum, nunc virginum consecrator: num ignorabat apostolus tergiuersationes nostras et argumentorum ineptias nesciebat? … One who was yesterday a catechumen is today a bishop; one who was yesterday in the amphitheater is today in the church; one who spent the evening in the circus stands in the morning at the altar: one who a little while ago was a patron of actors is now a dedicator of virgins. Was the apostle ignorant of our shifts and subterfuges? Did he know nothing of our foolish arguments? 

 

So, there you have it, folks.  From Blue Jays to Bats and the less than edifying displays of ill-humor by a saint all in one post.

 

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The Assumption – from the Patristic Rosary Project

Here is a resumption of my entry in the 2006 Patristic Rosary Project for the:

4th Glorious Mystery: The Assumption

We do not know for sure if the Blessed Virgin Mary died and was assumed body and soul into heaven or if she was assumed into heaven without having died.

Either way, it was fitting that the Mother of God, who had never known the stain of sin, while still requiring a Redeemer just like every other human being, should not experience the corruption of the grave.

Our humanity is seated at the right hand of the Father in the divine Person of our Lord, but now also in the human person of our Lady.

Christ is consubstantial with the Father. Christ is consubstantial with His mother. Mary is Mother of a divine Person with two natures. She is not Mother of part of Christ, but Mother of all of Christ in His integrity. And so, we can call her Mother of God and Mother of the Church. Her heavenly Assumption was fitting.

There are not elaborate reflections in the writings of the Fathers on the Assumption, because it was not a main point of reflection. Still, we can find their thoughts on some passages of Scripture which help us to understand Mary’s role in the plan of our salvation.

Mary Seat of WisdomAs a perfect model for our own Christian discipleship, we can consider, among many texts, Proverbs 8:

And now, my sons, listen to me: happy are those who keep my ways. Hear instruction and be wise, and do not neglect it. Happy is the man who listens to me, watching daily at my gates, waiting beside my doors. For he who finds me finds life and obtains favor from the LORD; but he who misses me injures himself; all who hate me love death.

While this concerns Wisdom, in a sense it also harks to Mary, Wisdom’s seat. Here is the reflection of Athenagoras on this section of Proverbs:

[The Son] is the first offspring of the Father, I do not mean that He was created, for, since God is eternal mind, He had His Word within Himself from the beginning, being eternally wise. Rather did the Son come forth from God to give form and actuality to all material things, which essentially have a sort of formless nature and inert quality, the heavier particles being mixed up with the lighter. The prophetic Spirit agrees with this opinion when He says, "The Lord created me as the first of His ways, for His works." Indeed we say that the Holy Spirit Himself, who inspires those who utter prophecies, is an effluence from God, flowing from Him, and returning like ray of the sun. Who, then, would not be astonished to hear those called atheists who admit God the Father, God the Son, and the Holy Spirit, and who teach their unity of power and their distinction in rank? … We affirm, too, a crowd of angels and ministers, whom God, the maker and creator of the world, appointed to their several tasks through His Word, He gave them charge over the good order of the universe, over the elements, the heavens, the world, and all it contains. [A plea regarding Christians 10]

 

Athenagorus sounds a bit like a subordinationist, but he is fascinating. This passage is interesting also for its hints at the cosmology and physics of late antiquity. Also, it aims at the spiritual hierarchy in which our wondrous Lady has a privileged place.

Consider that the reward of assumption into the beatific vision stems as well from her perfect act of free will when she gave her "Fiat" to God’s will as expressed by the angel. Here is St. Augustine speaking of the impact of free will:

Man in paradise was capable of self-destruction by abandoning justice by an act of will; yet if the life of justice was to be maintained, his will alone would not have sufficed, unless He who made Him glad had given him aid. But, after the fall, God’s mercy was even more abundant, for then the will itself had to be freed from the bondage in which sin and death are the masters. There is no way at all by which it can be freed by itself, but only though God’s grace, which is made effectual in the faith of Christ. Thus, as it is written, even the will by which "the will itself is prepared by the Lord" so that we may receive the other gifts of God through which we come to the Gift eternal – this too comes from God. [Enchiridion 28.106]

 

God’s grace and Mary’s "Fiat" which was by grace. Mary was drawn with love into God’s plan and, later, into God’s presence. The Fathers made frequent use of the Song of Songs.

St. Gregory the Great writes about the exchanges of heaven and earth which marked the plan of salvation:

The Church speaks through Solomon: "See how he comes leaping on the mountains, bounding over the hill!" … By coming for our redemption the Lord leaped! My friends, do you want to become acquainted with these leaps of His? From heaven He came to the womb, from the womb to the manger, from the manger to the Cross, from the Cross to the sepulcher, and from the sepulcher He returned to heaven. You see how Truth, having made Himself known in the flesh, leaped for us to make us run after Him. [Forty Gospel Homilies 29] 

Our Lady, who would feel Christ leap beneath her heart, would herself leap after Christ in her heart by her "Fiat". She leapt to begin His public ministry when she said at Cana "Do whatever He tell you." She leapt up Calvary with Him when the Blood and water flowed down. Her motherly and Christian heart leapt in joy in seeing Him gloriously risen. She leapt to Him in heaven when her earthly life was concluded.

In heaven Mary shines with the glory God shares with her.

In the book of Revelation we have a description chapter 12 of the woman clothed with the sun. The Fathers speak about this image. They will mostly consider the woman as an image of the Church. We must never reduce the Church to Mary. Nor in talking of the Church as Christ’s Body reduce Christ to the Church. But the three, Christ, Mary and Church are intimately associated.

Hippolytus (+245) writes:

 By the "woman clothed with the sun", he meant most manifestly the Church, endued with the Father’s Word, whose brightness is above the sun. And by "the moon under her feet," he referred to [the Church] being adorned, like the moon, with heavenly glory. And the words "upon her head a crowd of twelve stars" refer to the twelve apostles by whom the Church was founded.

Of course Christ founded the Church on the Apostles, and chiefly upon the Rock who is Peter. The description of the woman, however, fits Mary the Mother of the Church as well as the Church herself.

Here is an extended piece by someone not too many in the West may have read, Oecumenius (6th c.) called the "Rhetor" who wrote the earliest Greek commentary on the Book of Revelation:

The vision intends to describe more completely to us the circumstances concerning the antichrist…. However, since the incarnation of the Lord, which made the world his possession and subjected it, provided a pretext for Satan to raise this one up and to choose him [as his instrument] – for the antichrist will be raised to cause the world again to fall from Christ and to persuade it to desert to Satan – and since moreover His fleshly conception and birth was the beginning of the incarnation of the Lord, the vision gives a certain order and sequence to the material that it is going to discuss and begins the discussion from the fleshly conception of the Lord by portraying for us the mother of God. What does he say? "And a sign appeared in heaven, a woman clothed with the sum and the moon was under her feet." As we said, it is peaking about the mother of our Savior. The vision appropriately depicts her as in heaven and not on the earth, for she is pure in soul and body, equal to an angel and a citizen of heaven. She possesses God who rests in heaven – "for heaven is my throne" – it says yet she is flesh, although she has nothing in common with the earth nor is there any evil in her. Rather, she is exalted, wholly worthy of heaven, even though she possesses our human nature and substance. For the Virgin is consubstantial with us. Let the impious teaching of Eutyches, which make the fanciful claim that the Virgin is of another substance than we, be excluded from the belief of the holy courts together with his other opinions. And what does it mean that she was clothed with the sun and the moon was under her feet? The holy prophet Habakkuk, prophesied concerning the Lord, saying, "The sun was lifted up, and the moon stood still in its place for light." calling Christ our Savior, or at least the proclamation of the gospel, the "sun of righteousness". When He was exalted and increased, the moon – that is, the law of Moses – "stood still" and no longer received any addition. For after the appearance of Christ, it no longer received proselytes from the nations as before but endured diminution and cessation. You will, therefore, observe this with me, that also the holy Virgin is covered by the spiritual sun. For this is what the prophet calls the Lord when concerning Israel he says, "Fire fell upon them, and they did not see the sun." But the moon, that is, the worship and citizenship according to the law, being subdued and become much less than itself, is under her feet, for it has been conquered by the brightness of the gospel. And rightly does he call the things of the law by the word "moon", for they have been given light by the sun, that is, Christ just as the physical moon is given its light by the physical sun. The point would have been better made had it said not that the woman was clothed with the sun but that the woman enclothed the sun, which was enclosed in her womb. However, that the vision might show that the Lord, who was being carried in the womb, was the shelter of His own mother and the whole creation, it says that He was enclothing the woman. Indeed, the holy angel said something similar to the holy Virgin: "The Spirit of the Lord will come upon you, and the power of the Most High will overshadow you." For to overshadow is to protect, and to enclothe is the same according to power. [Commentary on the Apocalypse 12.1-2]

Take careful note of the image drawn on by the interesting Oecumenius, which also speaks to the cosmology of late antiquity. First, Oecumenius either knew that the sun gave light to the moon, as it does, or he extrapolates this from the glory that Christ gives to Mary.

All our Marian feasts, all our reflection, to keep the sunlight and moon theme going, always must draw us back to the Person of the Lord. We reflect on the face of the Lord who is reflected in the face of His Mother. Our recitation of the Rosary brings us to know the Lord more and more and, in turn, know ourselves better. We reflect His image and likeness and He came into the word to reveal us more fully to ourselves.

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If all time is eternally present, All time is unredeemable.

I picked up from Sandro Magister that there is under construction in Mecca a huge building which will be second in height (600m) to the tower in Dubai.

The building in Mecca will have 4 clocks, each, as they advertise, 5 times larger than the faces of the clocks of Big Ben in London… which they resemble somewhat.

The building is, in my opinion, spectacularly ugly, reminding me of the monstrosities built in the Soviet era.

Magister ends his comments saying:

"In short, the gigantic clock of Mecca is supposed to become the new ‘meridian of Greenwich’, not only for Muslims, but for the whole world."

Make no mistake: Those who are committed to Islam want to replace existing law or bend it to Sharia Law.  They want to replace Western ways.

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SUNDAY SUPPER: A Dangerous Liaison!

I sometimes post about my Sunday Supper preparations.  I think people should make something good and eat together on Sundays.

However, I have been feeling dreadful for a few days and the thought of food has left me … less than enthusiastic.

That said, I had received an email recently making the kind suggestion that when I make a tomato sauce for pasta, to think about putting a little of the water used to cook the pasta into the sauce.  I was assured that it produces beneficial effects.

Yes, I know about that one.  And I don’t do it very often.

And here it how it works… when it works, that is.

The addition of a little of the pasta water is a kind of liaison.

A liaison is a thickening agent which increases a sauce’s viscosity.   In other words, a liaison prevents water and other things in the sauce from moving around. 

Liaisons thicken sauces by suspending solids in them (which is what the starch method does), or by emulsifiers (a liquid suspended in another liquid, which is how you make hollandaise), or air in the liquid.  Or even a combination of these, as in Bearnaise sauce.

So, the starch in the pasta water might (if there is enough starch in the water) help to thicken a loose or runny tomato sauce.  The rows of sugar molecules in starch unbind in the liquid and recombine in larger bunches.   And everything sloooows … dowwwwwn.   Using tomato paste to thicken your sauce works because you are adding lots of particles to the liquid.

So, you need to use your wonderful tomatoes from you garden.  You make sauce for your spaghetti.  But, drat it, your sauce separates and gets runny even though you think you have cooked it down enough.  Perhaps starchy pasta water can help a little bit in a pinch.

Of course the danger of using pasta water as a liaison is that it might not have enough starch in it to thicken your separating tomato sauce.  You have just made your problem worse.  

Another approach is to finish cooking the pasta in the sauce itself.  That’s sure adds starch in a hurry!  And it also helps the sauce to penetrate into the pasta.  Remember: pasta will taste partly like the liquid you cook it in. 

So, try cooking your pasta in a mixture of water and a little salt or vegetable broth or some other broth, use starchy water to thicken loose tomato sauces with great discretion, and perhaps finish your pasta in the sauce itself.

With that I hope my appetite will return soon.

Posted in Fr. Z's Kitchen, SESSIUNCULA |
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Do good confessions lead to good vocations?

Once again I direct your attention to the blog of a friend, Fr. Bill Baer in the Archdiocese of St. Paul and Minneapolis who posted an entry with an interested premise.

Here it is, with severe editing and my emphases.  You can read the whole thing here.  (Go spike his stats.)

Good Confessions, Good Vocations

Each Friday this Summer, I am devoting my Homily at our Parish’s daily Mass to some aspect of the Sacrament of Penance.

Today, I wish to offer a simple point: Good confessions lead to good vocations.

[…]

Specifically, a good confession is the source of a good vocation in at least three ways:

[… Go read them. …]

If your parish is attempting to promote vocations among your young people, don’t waste your time on slick and silly programs. Get the youth back into God’s good graces. Get them back within earshot of the Holy Spirit.

Get them back into the Confessional.

 

I am inclined to agree.  When I think about parishes that produce lots of vocations to the priesthood, they generally have good confession schedules.

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Fr. Pfleger continues to amaze

Remember the wacko Fr. Pfleger in Chicago?

I may be feeling wretched this evening, but I got a good laugh out of this.

Put down anything you may be reading.  Really… right now.  Put it down.

(Oh… how I am hoping this is true.)

From Big Hollywood:

[…]

New show producer, [the fictional] Bud Billikin of Chicago’s South Side Productions, Inc., has announced that the new show will follow the Father Pfleger as he embarks on the adventure of a lifetime, a run for Mayor of Chicago.

On Friday Pfleger is expected to announce his run against long-time Democrat strongman Richard Daley whose father, a Mayor before him, was famed for having “helped” JFK win the White House in 1960.   [Time to pop that popcorn!]

“We expect quite a show,” [the fictional] Billikin told reporters. “The good Father has all sorts of great catch phrases to make his run interesting and what a speaker! Once these two get head-to-head in a debate the Father is sure to make Mayor Daley look like the bumbling, inarticulate fool he is.”

Upon news of this new reality show, major networks all across the dial have become intrigued by this epic battle between the Activist Catholic Father and his African American community and the long-time Mayor of Chicago with his Democrat machine dominated by white, Irish Democrats…

Oh, but wait… that would never happen, would it? No one in TV would ever want to embarrass a Democrat like this, would they?  [Nahhh… this can’t be true.]

[…]

Is this for real?

Oh pleeeeze Lord… anything to get this guy out of a parish!

But… in Chicago… they could elect him.   Hmmmm….

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When womenpriests and nixed-Prop 8 attack!

I am sure you saw my posts on Rosemary Reuther’s article in the NCR: Women’s ordination hits a snag! and CA Judge denies stay of his own ruling that Prop 8 is unconstitutional.

During an exchange with a friend a point of remarkably delicious irony struck me.

When the same sex "marriages" blessed by the Cal-Gals of the Mary Magdalene Apostle Catholic Community described in Reuther’s article wind up in divorce, and they will, the unhappy couples will be able to get the annulments from the more sacramentally-minded Roman Catholic Women Priests, once they set up their own tribunal!

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Fr. Z in a morbid rant

Maybe it is just because I have not been feeling well, maybe I am just feeling morbid.  This story got my attention to the point I thought I would post it.

From CathNews.com:

Cremation by water approved by Church [The writer not be aware that "cremation" by water is not possible, since Latin cremo means "to burn, consume by fire".]
Published: August 13, 2010

The world’s first water cremation centre on the Gold Coast is offering a liquid alternative to cremation and burial, using a process it hopes will revolutionise the funeral industry – and the process has been approved by the Catholic Church. 

Aquamation Industries’ John Humphries says the service, at the Eco Memorial Park at Stapylton near Dreamworld, is currently the first of its kind, but he expects around 30 centres around Australia will offer the option within 12 months, reports AAP in the Sydney Morning Herald.

"Aquamation is a more natural, ethical and environmentally friendly alternative to cremations and uses water instead of fire to return a body to nature, Mr Humphries said.

"And within a year we would expect you would be able to have this done anywhere in Australia."

The process, called alkaline hydrolysis, relies on the same natural forces by which which a dead animal is returned to nature in the bush, he said.

"So we’ve put this totally natural process into a stainless steel tube where the body is washed for about four hours; [Sorry, but breaking down a body in four hours doesn’t sound "natural" to me.  And how is fire not "natural"?] it’s the same natural breakdown of tissue, just at a faster rate, and even the Catholic church has now approved it," he said.  [It has?]

Mr Humphries said the equipment he invented was based on an experimental unit in the US that uses extreme pressure and temperature to destroy the infectious remains of cattle with mad cow disease.

He said nature invented the process, and his company has "simply re-designed the equipment so the water breaks down the cells and brings the body back to the chemical component it’s made up of, leaving only white chalky bones which are returned to the family in an urn, like ashes."

Aquamation costs about the same as cremation, but without the 200kg of greenhouse gas emissions produced in a cremation, he said.

"It’s expected that in America, within about 10 years, there won’t be cremations because the public reaction to this process is just overwhelming, Mr Humphries said.

He said the technology was also an answer to new European regulations that state mercury pollution has to be reduced at crematoriums by 2012.

FULL STORY

And it’s so green!

And on another morbid note, did you hear the one about the monks who make coffins?  They are going to like this new water thingy.   But then again, they make not have a livelihood long before that if the State of Louisiana has anything to do with it.

In the National Catholic REGISTER Tim Drake has a story about how the state is trying to nail down the lid on a community of monks who make their living making and selling coffins.

State Goes After Monks for the "Sin" of Selling Caskets
Federal Lawsuit Launched
by Tim Drake

Can the government restrict the monks of St. Joseph’s Abbey in Saint Benedict, La., from building boxes?

Yes, says the state, if those boxes are for the deceased.

In 2007, the monks at St. Joseph’s Abbey started St. Joseph Woodworks for the purpose of building simple wooden caskets as a means of supporting themselves. [The Trappists at New Mellbray do this too.] Monks in Illinois, Indiana, Iowa, and Minnesota have been in the casket-making business for years.

Before they were able to sell even a single casket, the Louisiana State Board of Embalmers and Funeral Directors told them that their sale of caskets violated state law, which says that you cannot sell “funeral merchandise” unless you’re a licensed funeral director. Were the monks to sell their caskets, they would risk both fines and imprisonment.

In order to sell caskets legally, the monks would have to apprentice at a licensed funeral home for a year, take a funeral industry test, and convert their monastery into a “funeral establishment,” installing equipment for embalming.

“We are not a wealthy monastery, and we want to sell our plain wooden caskets to pay for food, health care, and the education of our monks, said Abbot Justin Brown. [I would say especially monks, since monks developed the foundation of our modern market system.]

This morning, the Arlington, Va.-based Institute for Justice is holding a press conference on the front steps of the U.S. District Court for the Eastern District of Louisiana on behalf of the monks. They are announcing a federal lawsuit to fight against the state funeral board’s attempt to shut down their casket-making business.

“A casket is just a box and you do not even need one for burial,” said Institute for Justice senior attorney Scott Bullock. “There is no legitimate health or safety reason to license casket sellers.”

The Institute for Justice says that the only reason the state of Louisiana is preventing the Abbey from selling its caskets is to protect the profits of the state’s funeral directors. [O my.  Sure the funeral industry would never do that!]

“Economic liberty is a constitutional right that matters to everyone, even monks,” said Jeff Rowes, senior attorney with the Institute for Justice. 

“The monks’ story is just one example of a national problem in which industry cartels use government power to protect themselves from competition,” said Chip Mellor, president and general counsel of the Institute for Justice. “Protecting economic liberty and ending government-enforced cartels requires judicial engagement – a willingness by the courts to confront what is often really going on when the government enacts licensing laws supposedly to protect the public.”

There’s a great video overview of the case go here.  To learn more, visit the Institute for Justice’s website.

Memento mori.

 

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Prayer requests

First, I would appreciate some prayers for myself.  I am dealing with something pretty uncomfortable right now and hope it’ll be better today, please God.

I have had a lot of requests for prayer from people by email.  Whenever I get one I do stop and say a prayer and try to remember you in praying my office as well.

However, I would also ask your prayers explicitly for a priest of the SSPX, Fr. Daniel Couture, the district superior in Asia, who is battling Dengue Fever.  

And I thought my lot was tough.

For those for whom we have promised to pray, hear us O Lord.
 

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CA Judge denies stay of his own ruling that Prop 8 is unconstitutional

From the excellent Catholic Key blog, blog of the newspaper of the Diocese of Kansas City-St. Joseph.

Prop 8 Judge’s Denial of Stay Order is Too Cute by Half

Federal District Judge Vaughn Walker today denied a motion to stay his ruling declaring Proposition 8 unconstitutional. His written justification for denying the motion provides ample evidence that Walker should have recused himself from the Prop 8 trial. In responding to the reasons Prop 8 proponents offered for a stay pending appeal, Walker shows himself to be merely willful and more than a little cutesy.

In addressing the argument that a stay is warranted given the proponents likelihood of success on appeal, Walker, astonishingly argues that the proponents likely don’t even have standing to appeal. Walker argues, “California does not grant proponents the authority or the responsibility to enforce Proposition 8.”

And here the cute begins. He argues that only the state has that authority:

In Lockyer v City & County of San Francisco, the California Supreme Court explained that the regulation of marriage in California is committed to state officials, so that the mayor of San Francisco had no authority to “take any action with regard to the process of issuing marriage licenses or registering marriage certificates.”

The right of citizens to defend a democratically enacted law in court is here rendered akin to Mayor Newsom’s unilateral and illegal decision to start issuing same-sex marriage permits, ie., both are illegitimate. Since only the state can regulate marriage, Walker argues, the only people with standing to challenge his ruling would be the governor or attorney general. Since neither of them are likely to do so, there is no likelihood of an appeal even progressing, Walker argues. So no stay.

This is really extraordinary – the implication being that if the people of a state pass a law that the governor doesn’t like, and a trial court (with an obviously biased judge) throws out the law, then the people have no right to appeal.

If that is not bad enough, Walker’s final argument should cause alarm to every American regardless of their position on Prop 8. Walker argues there is no “public interest” in a stay, despite the fact that the public very clearly expressed their interest at the ballot box. Here Walker explains the proponents’ position:

Proponents also point to the public interest as reflected in the votes of “the people of California” who do not want same-sex couples to marry, explaining that “[t]here is no basis for this Court to second-guess the people of California’s considered judgment of the public interest.”

His tyrannical response immediately follows:

The evidence at trial showed, however, that Proposition 8 harms the State of California.

So the people vote democratically that marriage is to be between one man and one woman. A partnered, gay judge decides that would be bad for the State of California. Therefore, the people of the State of California no longer have any business pursuing what they believe is in their interest. The judge has decided what their interest is.

Walker then backs this up citing the aforementioned support of Governor Schwarzenegger and Attorney General Brown for same-sex marriage, as if this also defines the interest of the people of California, notwithstanding their clear vote to the contrary.

Walker’s full ruling is here. I’ll be following what actual legal minds have to say about it over the next few days. Certainly the 9th Circuit will review it before it goes into effect August 18. But my first impression is that Walker’s stay ruling is even more pernicious than his vain original ruling.

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