In a recent interview with The Economist, law professor Douglas Kmeic, has opposed the Church's teaching on legal rights for homosexual unions, specific documents produced by the Congregation for the Doctrine of the Faith and, at the time, Cardinal Joseph Ratzinger, now Pope Benedict XVI. http://www.economist.com/blogs/democracyinamerica/2009/05/six_questions_for_douglas_kmi.cfm
Here is a comparison of a statement made by Professor Kmiec and the requirements of the faithful as stated by the CDF.
Kmiec: "Since the state has the primary obligation of equality for all, the effect of the proposition [Kmiec's proposition] is to direct the state to issue a license by a name other than marriage to all couples–gay or straight–who apply. The concept of marriage, of course, is then fully remitted to religious bodies who can indulge same-sex marriage within their respective religious communities or not in accord with the religion’s doctrine.
It remains to be seen–by early June if the court stays on schedule–if the state Supreme Court agrees. During oral arguments, several justices seemed quite taken with the idea of separating marriage from the state and both sides more or less agreed such a solution would resolve the case. The court should take this path, and simultaneously encourage the legislature to confirm the freedom of religious bodies to determine their own standards or requirements for marriage."
Let us see what the Church has to say:
"Those who would move from tolerance to the legitimization of specific rights for cohabiting homosexual persons need to be reminded that the approval or legalization of evil is something far different from the toleration of evil." CDF, Considerations Regarding Proposals to Give Legal Recognition to Unions Between Homosexual Persons at Paragraph 5, June 3, 2003 (emphasis added).
"In those situations where homosexual unions have been legally recognized or have been given the legal status and rights belonging to marriage, clear and emphatic opposition is a duty. One must refrain from any kind of formal cooperation in the enactment or application of such gravely unjust laws and, as far as possible, from material cooperation on the level of their application. In this area, everyone can exercise the right to conscientious objection." Id. (emphasis added).
Rather than make a clear and emphatic opposition, Kmiec has written publicly several times that the state should equate marriage with homosexual unions on several occasions. Indeed, he has been recognized as being responsible for this proposal that is being considered by the California Supreme Court, which would eliminate state recognized marriage for all. http://www.time.com/time/nation/article/0,8599,1885190,00.html
Additionally, Kmiec's proposal was distributed widely, especially to the youth of America, by his interview on the Colbert Report. http://www.uscatholic.org/blog/2009/04/colbert-kmiec-and-marriage-question
Here has also proposed this line of argument to fellow attorneys, as a serious legal solution to the current "gay marriage" debate. Providing a legal framework with which to create complete legal equivalence between homosexual unions and marriage. http://writ.news.findlaw.com/commentary/20090309_kmiec.html , http://writ.news.findlaw.com/commentary/20090310_kmiec.html .
In other words, Professor Kmiec has continued on a very public and deliberate path in supporting something which, according to the Congregation of the Doctrine of the Faith, it is our religious and moral duty to oppose. Additionally, by teaching his doctrine and demanding its acceptance as the correct choice, Professor Kmiec has placed himself in opposition to the teaching authority of the Church. This is a grave scandal.
Professor Kmiec if you are reading this please read the following from the Catechism:
"2285 Scandal takes on a particular gravity by reason of the authority of those who cause it or the weakness of those who are scandalized. It prompted our Lord to utter this curse: "Whoever causes one of these little ones who believe in me to sin, it would be better for him to have a great millstone fastened round his neck and to be drowned in the depth of the sea."85 Scandal is grave when given by those who by nature or office are obliged to teach and educate others. Jesus reproaches the scribes and Pharisees on this account: he likens them to wolves in sheep's clothing.86
2286 Scandal can be provoked by laws or institutions, by fashion or opinion.
Therefore, they are guilty of scandal who establish laws or social structures leading to the decline of morals and the corruption of religious practice, or to "social conditions that, intentionally or not, make Christian conduct and obedience to the Commandments difficult and practically impossible."87 This is also true of business leaders who make rules encouraging fraud, teachers who provoke their children to anger,88 or manipulators of public opinion who turn it away from moral values.
2287 Anyone who uses the power at his disposal in such a way that it leads others to do wrong becomes guilty of scandal and responsible for the evil that he has directly or indirectly encouraged. "Temptations to sin are sure to come; but woe to him by whom they come!""
By your public pronouncements that are clearly designed to invite fellow citizens to agree with you and to get the California Supreme Court to adopt your solution, which is opposed to truth, justice and Holy Mother Church, you are giving a great scandal to me and others. Please stop. Not only for the sake of others but for your sake. Please, you are too good of a man to have fallen this far down, to use your training to advance such a grave sin.
Your own Bishop, Cardinal Mahoney has spoken out in favor of Proposition 8. I hope he has the time to correct you. http://www.catholicnewsagency.com/new.php?n=14310. Dear Professor Kmiec, I hope you have not forgotten that the Bishop is the teaching authority for the archdiocese: "He, therefore, that does not assemble with the Church, has even by this manifested his pride, and condemned himself. For it is written, God resists the proud. Let us be careful, then, not to set ourselves in opposition to the bishop, in order that we may be subject to God. " St. Ignatius of Antioch, Epistle to the Ephesians at Chapter 5. What more can I add to St. Ignatius?
To everyone else, I know it is hard, but please pray for Professor Kmiec, for nothing is impossible with God.
UPDATE: Kmiec After Being Refused Communion by a Priest now Excommunicated from Wikipedia. Will he include this in all subsequent article biographies?
UPDATE 2: via American Papist and Kathryn Lopez at NRO, Archbishop Burke declares that Kmiec's moral teaching on Catholic Voting is opposed to the teaching of the Church and that NO Catholic could have voted for Obama with a clear conscience: http://www.americanpapist.com/2009/05/abp-burke-catholics-could-not-have.html
UPDATE 3: On that note from Archbishop Burke regarding support for gay marriage and pro-abortion candidates and the conscience. I leave this last quote from Pope Benedict XVI for all those who have suggested that we compromise on the most fundamental right of all, the right to life, in exchange for the political influence to achieve other "goods": "A man of conscience is one who never acquires tolerance, well- being, success, public standing, and approval on the part of prevailing opinion, at the expense of truth." (Joseph Cardinal Ratzinger, 10th Workshop for Bishops, February 1991, Dallas, Texas).