by With a recent decision of In re: Gene Douglas Balas and Carlos A. Morales, California homosexuals have victoriously struck a seemingly sympathetic chord with bankruptcy judges in the United States Bankruptcy Court, Central District of California. In a ruling that defies not only the nation’s federal Defense of Marriage Act (DOMA), but also sensibilities of four million voters who passed Proposition 8, this group of fifteen enlightened bankruptcy judges have determined that marriage no longer need be between a man and woman, and a spouse no longer need be of the opposite sex.
Federal DOMA , 1 U.S.C. § 7, clearly defines and legally codifies our common sense notion and historical usage and application of the terms “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.
In line with DOMA, California’s Proposition 8 amended the Constitution of the State of California stating:
Only marriage between a man and a woman is valid or recognized in California.
In the case at hand, the judges estimate that prior to Proposition 8 the State of California had issued marriage licenses to some 18,000 couples, calling that a “significant segment of California citizens.” In fact, that number represents merely .001% of the state’s estimated population of 35,000,000. Despite Proposition 8 and DOMA, the State has determined that said couples will remain legally recognized as “married.” Currently, the fate of Proposition 8 remains tied up in contentious litigation under fierce attack from homosexual activists. As far as defending DOMA, President Obama will not.
Meanwhile, a “legally” married homosexual couple in California, Gene Balas and Carlos Morales, filed a joint Chapter 13 bankruptcy case in the Central District of California. The United States Bankruptcy Trustee properly sought to have the case bifurcated or dismissed, since, according to 11 U.S.C. § 302(a), a joint petition may be filed by any eligible individual “and such individual debtor’s spouse.” Those confused and confounded by the term “spouse” need only look to DOMA for clarification.
In other words, only a married couple (husband and wife immediately come to mind?) may file a joint bankruptcy case. Individually, Gene and Carlos each could have obtained the same bankruptcy relief as any other individual. So if each of these homosexual individuals could get the same relief as any other individual, why all the hubbub?
Why the issue is of national significance…
At first glance, the judges would have you believe that this case is about “equality” and “rights” and “equal protection” of all married folks. Rather, its sole and underlying purpose is to further advance the agenda of forcing society to embrace the self-destructive homosexual lifestyle through planned erosion of the laws and underlying moral fabric of the nation. And sadly enough, our bankruptcy judges have become complicit by climbing aboard the politically correct bandwagon.
A decision like this in California is no small potatoes by any means. San Francisco Mayor Gavin Newsom (who is now the state’s Attorney General) gave a celebratory speech after homosexual marriage was briefly legalized in 1998. He was correct when he defiantly exclaimed in his infamous speech, “And by the way, as California goes, so goes the rest of the nation! It’s inevitable. This 
door’s wide open now! It’s going to happen! Whether you like it or not! This is the future and it’s now!” New York may be the next state to legalize homosexual marriage. Our nation as a whole is struggling with a major identity crisis – a crisis caused by caving into our struggles.
Speaking of struggles, no human being is without at least one. Some people struggle from addictions, whether to money, power, food, drugs, alcohol, tobacco, pornography, sex, fornication, or any other self destructive behavior. Some struggle mentally, some physically, and some spiritually. Some people struggle with their finances, others with their health. Some struggle with relationships, friends, parents, children, in-laws, or other family. Some struggle with vanity; some with being overweight, some with being underweight; some with too few good looks, some with too many. Some wish they were taller, some shorter. Some people struggle with tendencies toward violence and anger, others struggle from being on the receiving end. Some struggle with telling the truth, and others with hearing the truth. The list goes on and on, as there are as many different struggles in life as there are people, including those who struggle with feeling attracted toward members of the same sex.
While each and every person struggles with something, the world would quickly fall apart if we were all to cave into our temptations. Regardless of what we are each struggling with, we are all soldiers battling together. We must stand strong and fight the good fight, encouraging and supporting each other to the end. When we see our comrade fall, we must help him back up, and carry him if need be. Science cannot explain this universal battle, but Faith can and does. We are all broken people in need of supernatural healing and sustenance, including the 15 misguided bankruptcy judges who, whether consciously or not, are by their decision encouraging one particular group of comrades to throw in the towel.
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James P. Doan, esq., is managing partner at Doan Law, LLP, a father-and-five-sons firm specializing in bankruptcy and tax law. James, who earned a B.A. in Psychology before pursuing a law degree, decided that a career in law would encompass the best of both worlds by providing a unique opportunity to practice law and counsel those in need. The firm’s family crest sums up their core principles: Omnia mei, dona Dei, which translates “All that I have, God has given me.” Article reprinted with permission.