A moral pronouncement outside of the context of the discourse relating to the law as it functions in Kentucky and the larger nation, which remains the point in consideration.
Well, you're factually wrong on (1) and (2), (3) is a bit overstated and (4) may be errant as speculation, depending on the action of a particular sinner at some point along their line of being, as you noted. So it has debatable value as declarations go without heavy qualification.
If we're talking about the controlling law, the steps taken by the Clerk in Kentucky, ect, I win. And I'm not talking about your or my or anyone's moral vision/belief, except as it relates to impinging on legal right as it exists within the compact.
It depends on
what law we are talking about. Before the natural and divine laws, sodomy is a crime. Sodomites, considered simply as such, do not have a right of sexual expression or social legitimacy. You'll tell me that it's not a crime according to human positive law, at least, not in the U.S. I'll agree.
I mean, I fully agree with you. Given the principles of the "social compact" and given the letter of the law, unless there are contravening first amendment considerations, then you are probably right. The judge acted according to the letter of the "law," and the Clerk of Court violated a court order.
But you know what? When that judge dies, he is going to find himself in the same position as the Nazis at the Nuremberg trials: before a Judge who will render his sentence, not based upon the laws of the U.S. or of Germany or of any other nation-state (except insofar as those laws legitimately bound in conscience), but according to a higher and more authoritative law, a Judge, I say, before whom "I was just following orders" and "It was the 'law'" will
not be an excuse for his crime against the moral order, for his crime against Kim Davis, for his crime against God.
When the majority of the current Supreme Court are standing before that Judge, "it was a consequence of our political system" will not excuse them for their crimes against the political society.
He won't be holding the U.S. constitution. He won't be holding the volumes of U.S. law. He'll be judging according to the Natural and Divine Laws, and
their own reasons,
their own natures will bear testimony against them.
Ye who deal unjust judgment here below and perservere even unto the end in your injustice, beware: ye justly shall be judged.
Was it the "law"? Maybe. But it was a law that Kim Davis had a moral obligation to disobey, and it was a law that the Judge had a moral obligation not to enforce, which the Supreme Court had a moral obligation not to recognize.
It is a "law" that all rational human beings have an obligation to ignore. You speak according to the letter of the "law." I speak according to reality: in fact, sodomites have no claim of justice to commit their crimes. In fact, sodomites, in justice, have an obligation to refrain from their crimes and amend their lives. In fact, the State has no obligation to recognize their unions, but, rather, an obligation not to do so.
Why? Because the State has the authority to command acts of the virtues, to forbid acts of vice and to permit those acts which are generically indifferent. It may, of course, remain silent in some cases (e.g., it is not necessary for the State to criminalize sodomy, if this would be more harmful than beneficial to the common good). But it has no authority to command acts of the vices.
If the State sets itself against the Natural Law, it has failed, it has deviated from its natural duties, from its natural role. The end of the State is to lead mean, albeit imperfectly, to imperfect beatitude, i.e., the full flourishing of human nature. It is to serve as a help (albeit very indirectly), not a hindrance, on the way to eternal life (a point which Jacques Maritain compellingly makes in various places; I recommend
Integral Humanism).
If the State commands the individual to choose between civic obligation and moral obligation, the State does something most unreasonable, most perverted and most disordered.
Will you tell me that this perversion, this failure is inherent in the very nature of our "compact?" Then so much the worse for our "compact."
I'd say we tried to do that, but men have a way of disagreeing on the fine print and the last concerted effort Christendom made along those lines killed off about a third of Europe's Christian population.
Obligation vs. permission vs. prohibition.
I think you conflate difference with degree. Sins are demonstrably different and those differences can have disproportionately evil/harmful consequences for others, but the thing itself, the consequence of sin for the sinner remains constant. So kill a hundred men or twenty, your consequence for one is the same as the consequence for all.
The difference between 10 denarii and 100 denarii is one of difference, not of degree?
I think that you are focused too much on the "consequences" of sin. This is wrong. You should consider moral acts on the analogy of human art. Just as the artisan can go wrong in building a table to a greater or less degree, so too, the moral agent can go wrong in acting well to a greater or lesser degree, and, likewise, can incur greater praise or blame.
Ithink men have a hard time with that, which is why some invented levels of hell, as if an eternity separated from every good could be experienced in any meaningful sense by degree...people.
Then Hell itself is unreasonable, given you suffer an eternal consequence for a finite act or series of acts. Of course, the problem is in the consideration. We don't suffer for the particular sin, but suffer the consequence that any sin visits, absent grace, a separation from the good, from it's source, God.
The bolded would take a longer and more tangential discussion. Suffice to say here that there is a difference between the severity of punishment
intensive (i.e., in terms of how "harsh" the penalty is) and
extensive (i.e., how long the penalty lasts). All souls in hell will be punished infinitely
extensive. Not all souls in Hell will be punished equally
intensive, nor is it possible for any soul to be punished infinitely
intensive. It's simply not possible for a created being.
Each of the damned have a special place in Hell and very special torments reserved just for them.
Here, I quote
St. Faustina:
"The First Torture that constitutes hell is:
The loss of God.
The Second is:
Perpetual remorse of conscience.
The Third is
That one's condition will never change.
The Fourth is:
The fire that will penetrate the soul without destroying it. A terrible suffering since it is a purely spiritual fire, lit by God's anger.
The Fifth Torture is:
Continual darkness and a terrible suffocating smell, and despite the darkness, the devils and the souls of the damned see each other and all the evil, both of others and their own.
The Sixth Torture is:
The constant company of Satan.
The Seventh Torture is:
Horrible despair, hatred of God, vile words, curses and blasphemies.
These are the Tortures suffered by all the damned together, but that is not the end of the sufferings.
Indescribable Sufferings
There are special Tortures destined for particular souls. These are the torments of the senses. Each soul undergoes terrible and indescribable sufferings related to the manner in which it has sinned."
And remember, Town Heretic, even the damned will get their bodies back, right along with their powers of sensation and their capacities for sensuous torment.
Aside from this, I think that my previous comments are sufficiently compelling, in particular, about the different degrees of debt and the analogy with the differences in the degrees of glory of the Saints.