The February 11, 2013, when I heard on the radio of the waiver to the papacy by Pope Benedict XVI, I thought to write an article about it, but I prefer to refrain from making judgments of any kind. I attach below two documents signed by Cardinal Ratzinger on the topic of homosexuality:
1) LETTER TO THE BISHOPS OF THE CATHOLIC CHURCH ON THE PASTORAL CARE OF HOMOSEXUAL PERSONS - October 1, 1986
2) CONSIDERATIONS REGARDING PROPOSALS TO GIVE LEGAL RECOGNITIONTO UNIONS BETWEEN HOMOSEXUAL PERSONS - June 3, 2003
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CONGREGATION FOR THE DOCTRINE OF THE FAITH
LETTER TO THE BISHOPS OF THE CATHOLIC CHURCH
ON THE PASTORAL CARE OF HOMOSEXUAL PERSONS
ON THE PASTORAL CARE OF HOMOSEXUAL PERSONS
1. The issue of homosexuality and the moral evaluation of homosexual acts have increasingly become a matter of public debate, even in Catholic circles. Since this debate often advances arguments and makes assertions inconsistent with the teaching of the Catholic Church, it is quite rightly a cause for concern to all engaged in the pastoral ministry, and this Congregation has judged it to be of sufficiently grave and widespread importance to address to the Bishops of the Catholic Church this Letter on the Pastoral Care of Homosexual Persons.
2. Naturally, an exhaustive treatment of this complex issue cannot be attempted here, but we will focus our reflection within the distinctive context of the Catholic moral perspective. It is a perspective which finds support in the more secure findings of the natural sciences, which have their own legitimate and proper methodology and field of inquiry.
However, the Catholic moral viewpoint is founded on human reason illumined by faith and is consciously motivated by the desire to do the will of God our Father. The Church is thus in a position to learn from scientific discovery but also to transcend the horizons of science and to be confident that her more global vision does greater justice to the rich reality of the human person in his spiritual and physical dimensions, created by God and heir, by grace, to eternal life.
It is within this context, then, that it can be clearly seen that the phenomenon of homosexuality, complex as it is, and with its many consequences for society and ecclesial life, is a proper focus for the Church's pastoral care. It thus requires of her ministers attentive study, active concern and honest, theologically well-balanced counsel.
3. Explicit treatment of the problem was given in this Congregation's "Declaration on Certain Questions Concerning Sexual Ethics" of December 29, 1975. That document stressed the duty of trying to understand the homosexual condition and noted that culpability for homosexual acts should only be judged with prudence. At the same time the Congregation took note of the distinction commonly drawn between the homosexual condition or tendency and individual homosexual actions. These were described as deprived of their essential and indispensable finality, as being "intrinsically disordered", and able in no case to be approved of (cf. n. 8, 4).
In the discussion which followed the publication of the Declaration, however, an overly benign interpretation was given to the homosexual condition itself, some going so far as to call it neutral, or even good. Although the particular inclination of the homosexual person is not a sin, it is a more or less strong tendency ordered toward an intrinsic moral evil; and thus the inclination itself must be seen as an objective disorder.
Therefore special concern and pastoral attention should be directed toward those who have this condition, lest they be led to believe that the living out of this orientation in homosexual activity is a morally acceptable option. It is not.
4. An essential dimension of authentic pastoral care is the identification of causes of confusion regarding the Church's teaching. One is a new exegesis of Sacred Scripture which claims variously that Scripture has nothing to say on the subject of homosexuality, or that it somehow tacitly approves of it, or that all of its moral injunctions are so culture-bound that they are no longer applicable to contemporary life. These views are gravely erroneous and call for particular attention here.
5. It is quite true that the Biblical literature owes to the different epochs in which it was written a good deal of its varied patterns of thought and expression (Dei Verbum 12). The Church today addresses the Gospel to a world which differs in many ways from ancient days. But the world in which the New Testament was written was already quite diverse from the situation in which the Sacred Scriptures of the Hebrew People had been written or compiled, for example.
What should be noticed is that, in the presence of such remarkable diversity, there is nevertheless a clear consistency within the Scriptures themselves on the moral issue of homosexual behaviour. The Church's doctrine regarding this issue is thus based, not on isolated phrases for facile theological argument, but on the solid foundation of a constant Biblical testimony. The community of faith today, in unbroken continuity with the Jewish and Christian communities within which the ancient Scriptures were written, continues to be nourished by those same Scriptures and by the Spirit of Truth whose Word they are. It is likewise essential to recognize that the Scriptures are not properly understood when they are interpreted in a way which contradicts the Church's living Tradition. To be correct, the interpretation of Scripture must be in substantial accord with that Tradition.
The Vatican Council II in Dei Verbum 10, put it this way: "It is clear, therefore, that in the supremely wise arrangement of God, sacred Tradition, sacred Scripture, and the Magisterium of the Church are so connected and associated that one of them cannot stand without the others. Working together, each in its own way under the action of the one Holy Spirit, they all contribute effectively to the salvation of souls". In that spirit we wish to outline briefly the Biblical teaching here.
6. Providing a basic plan for understanding this entire discussion of homosexuality is the theology of creation we find in Genesis. God, in his infinite wisdom and love, brings into existence all of reality as a reflection of his goodness. He fashions mankind, male and female, in his own image and likeness. Human beings, therefore, are nothing less than the work of God himself; and in the complementarity of the sexes, they are called to reflect the inner unity of the Creator. They do this in a striking way in their cooperation with him in the transmission of life by a mutual donation of the self to the other.
In Genesis 3, we find that this truth about persons being an image of God has been obscured by original sin. There inevitably follows a loss of awareness of the covenantal character of the union these persons had with God and with each other. The human body retains its "spousal significance" but this is now clouded by sin. Thus, in Genesis 19:1-11, the deterioration due to sin continues in the story of the men of Sodom. There can be no doubt of the moral judgement made there against homosexual relations. In Leviticus 18:22 and 20:13, in the course of describing the conditions necessary for belonging to the Chosen People, the author excludes from the People of God those who behave in a homosexual fashion.
Against the background of this exposition of theocratic law, an eschatological perspective is developed by St. Paul when, in I Cor 6:9, he proposes the same doctrine and lists those who behave in a homosexual fashion among those who shall not enter the Kingdom of God.
In Romans 1:18-32, still building on the moral traditions of his forebears, but in the new context of the confrontation between Christianity and the pagan society of his day, Paul uses homosexual behaviour as an example of the blindness which has overcome humankind. Instead of the original harmony between Creator and creatures, the acute distortion of idolatry has led to all kinds of moral excess. Paul is at a loss to find a clearer example of this disharmony than homosexual relations. Finally, 1 Tim. 1, in full continuity with the Biblical position, singles out those who spread wrong doctrine and in v. 10 explicitly names as sinners those who engage in homosexual acts.
7. The Church, obedient to the Lord who founded her and gave to her the sacramental life, celebrates the divine plan of the loving and live-giving union of men and women in the sacrament of marriage. It is only in the marital relationship that the use of the sexual faculty can be morally good. A person engaging in homosexual behaviour therefore acts immorally.
To chose someone of the same sex for one's sexual activity is to annul the rich symbolism and meaning, not to mention the goals, of the Creator's sexual design. Homosexual activity is not a complementary union, able to transmit life; and so it thwarts the call to a life of that form of self-giving which the Gospel says is the essence of Christian living. This does not mean that homosexual persons are not often generous and giving of themselves; but when they engage in homosexual activity they confirm within themselves a disordered sexual inclination which is essentially self-indulgent.
As in every moral disorder, homosexual activity prevents one's own fulfillment and happiness by acting contrary to the creative wisdom of God. The Church, in rejecting erroneous opinions regarding homosexuality, does not limit but rather defends personal freedom and dignity realistically and authentically understood.
8. Thus, the Church's teaching today is in organic continuity with the Scriptural perspective and with her own constant Tradition. Though today's world is in many ways quite new, the Christian community senses the profound and lasting bonds which join us to those generations who have gone before us, "marked with the sign of faith".
Nevertheless, increasing numbers of people today, even within the Church, are bringing enormous pressure to bear on the Church to accept the homosexual condition as though it were not disordered and to condone homosexual activity. Those within the Church who argue in this fashion often have close ties with those with similar views outside it. These latter groups are guided by a vision opposed to the truth about the human person, which is fully disclosed in the mystery of Christ. They reflect, even if not entirely consciously, a materialistic ideology which denies the transcendent nature of the human person as well as the supernatural vocation of every individual.
The Church's ministers must ensure that homosexual persons in their care will not be misled by this point of view, so profoundly opposed to the teaching of the Church. But the risk is great and there are many who seek to create confusion regarding the Church's position, and then to use that confusion to their own advantage.
9. The movement within the Church, which takes the form of pressure groups of various names and sizes, attempts to give the impression that it represents all homosexual persons who are Catholics. As a matter of fact, its membership is by and large restricted to those who either ignore the teaching of the Church or seek somehow to undermine it. It brings together under the aegis of Catholicism homosexual persons who have no intention of abandoning their homosexual behaviour. One tactic used is to protest that any and all criticism of or reservations about homosexual people, their activity and lifestyle, are simply diverse forms of unjust discrimination.
There is an effort in some countries to manipulate the Church by gaining the often well-intentioned support of her pastors with a view to changing civil-statutes and laws. This is done in order to conform to these pressure groups' concept that homosexuality is at least a completely harmless, if not an entirely good, thing. Even when the practice of homosexuality may seriously threaten the lives and well-being of a large number of people, its advocates remain undeterred and refuse to consider the magnitude of the risks involved.
The Church can never be so callous. It is true that her clear position cannot be revised by pressure from civil legislation or the trend of the moment. But she is really concerned about the many who are not represented by the pro-homosexual movement and about those who may have been tempted to believe its deceitful propaganda. She is also aware that the view that homosexual activity is equivalent to, or as acceptable as, the sexual expression of conjugal love has a direct impact on society's understanding of the nature and rights of the family and puts them in jeopardy.
10. It is deplorable that homosexual persons have been and are the object of violent malice in speech or in action. Such treatment deserves condemnation from the Church's pastors wherever it occurs. It reveals a kind of disregard for others which endangers the most fundamental principles of a healthy society. The intrinsic dignity of each person must always be respected in word, in action and in law.
But the proper reaction to crimes committed against homosexual persons should not be to claim that the homosexual condition is not disordered. When such a claim is made and when homosexual activity is consequently condoned, or when civil legislation is introduced to protect behavior to which no one has any conceivable right, neither the Church nor society at large should be surprised when other distorted notions and practices gain ground, and irrational and violent reactions increase.
11. It has been argued that the homosexual orientation in certain cases is not the result of deliberate choice; and so the homosexual person would then have no choice but to behave in a homosexual fashion. Lacking freedom, such a person, even if engaged in homosexual activity, would not be culpable.
Here, the Church's wise moral tradition is necessary since it warns against generalizations in judging individual cases. In fact, circumstances may exist, or may have existed in the past, which would reduce or remove the culpability of the individual in a given instance; or other circumstances may increase it. What is at all costs to be avoided is the unfounded and demeaning assumption that the sexual behaviour of homosexual persons is always and totally compulsive and therefore inculpable. What is essential is that the fundamental liberty which characterizes the human person and gives him his dignity be recognized as belonging to the homosexual person as well. As in every conversion from evil, the abandonment of homosexual activity will require a profound collaboration of the individual with God's liberating grace.
12. What, then, are homosexual persons to do who seek to follow the Lord? Fundamentally, they are called to enact the will of God in their life by joining whatever sufferings and difficulties they experience in virtue of their condition to the sacrifice of the Lord's Cross. That Cross, for the believer, is a fruitful sacrifice since from that death come life and redemption. While any call to carry the cross or to understand a Christian's suffering in this way will predictably be met with bitter ridicule by some, it should be remembered that this is the way to eternal life for all who follow Christ.
It is, in effect, none other than the teaching of Paul the Apostle to the Galatians when he says that the Spirit produces in the lives of the faithful "love, joy, peace, patience, kindness, goodness, trustfulness, gentleness and self-control" (5:22) and further (v. 24), "You cannot belong to Christ unless you crucify all self-indulgent passions and desires."
It is easily misunderstood, however, if it is merely seen as a pointless effort at self-denial. The Cross is a denial of self, but in service to the will of God himself who makes life come from death and empowers those who trust in him to practise virtue in place of vice.
To celebrate the Paschal Mystery, it is necessary to let that Mystery become imprinted in the fabric of daily life. To refuse to sacrifice one's own will in obedience to the will of the Lord is effectively to prevent salvation. Just as the Cross was central to the expression of God's redemptive love for us in Jesus, so the conformity of the self-denial of homosexual men and women with the sacrifice of the Lord will constitute for them a source of self-giving which will save them from a way of life which constantly threatens to destroy them.
Christians who are homosexual are called, as all of us are, to a chaste life. As they dedicate their lives to understanding the nature of God's personal call to them, they will be able to celebrate the Sacrament of Penance more faithfully and receive the Lord's grace so freely offered there in order to convert their lives more fully to his Way.
13. We recognize, of course, that in great measure the clear and successful communication of the Church's teaching to all the faithful, and to society at large, depends on the correct instruction and fidelity of her pastoral ministers. The Bishops have the particularly grave responsibility to see to it that their assistants in the ministry, above all the priests, are rightly informed and personally disposed to bring the teaching of the Church in its integrity to everyone.
The characteristic concern and good will exhibited by many clergy and religious in their pastoral care for homosexual persons is admirable, and, we hope, will not diminish. Such devoted ministers should have the confidence that they are faithfully following the will of the Lord by encouraging the homosexual person to lead a chaste life and by affirming that person's God-given dignity and worth.
14. With this in mind, this Congregation wishes to ask the Bishops to be especially cautious of any programmes which may seek to pressure the Church to change her teaching, even while claiming not to do so. A careful examination of their public statements and the activities they promote reveals a studied ambiguity by which they attempt to mislead the pastors and the faithful. For example, they may present the teaching of the Magisterium, but only as if it were an optional source for the formation of one's conscience. Its specific authority is not recognized. Some of these groups will use the word "Catholic" to describe either the organization or its intended members, yet they do not defend and promote the teaching of the Magisterium; indeed, they even openly attack it. While their members may claim a desire to conform their lives to the teaching of Jesus, in fact they abandon the teaching of his Church. This contradictory action should not have the support of the Bishops in any way.
15. We encourage the Bishops, then, to provide pastoral care in full accord with the teaching of the Church for homosexual persons of their dioceses. No authentic pastoral programme will include organizations in which homosexual persons associate with each other without clearly stating that homosexual activity is immoral. A truly pastoral approach will appreciate the need for homosexual persons to avoid the near occasions of sin.
We would heartily encourage programmes where these dangers are avoided. But we wish to make it clear that departure from the Church's teaching, or silence about it, in an effort to provide pastoral care is neither caring nor pastoral. Only what is true can ultimately be pastoral. The neglect of the Church's position prevents homosexual men and women from receiving the care they need and deserve.
An authentic pastoral programme will assist homosexual persons at all levels of the spiritual life: through the sacraments, and in particular through the frequent and sincere use of the sacrament of Reconciliation, through prayer, witness, counsel and individual care. In such a way, the entire Christian community can come to recognize its own call to assist its brothers and sisters, without deluding them or isolating them.
16. From this multi-faceted approach there are numerous advantages to be gained, not the least of which is the realization that a homosexual person, as every human being, deeply needs to be nourished at many different levels simultaneously.
The human person, made in the image and likeness of God, can hardly be adequately described by a reductionist reference to his or her sexual orientation. Every one living on the face of the earth has personal problems and difficulties, but challenges to growth, strengths, talents and gifts as well. Today, the Church provides a badly needed context for the care of the human person when she refuses to consider the person as a "heterosexual" or a "homosexual" and insists that every person has a fundamental Identity: the creature of God, and by grace, his child and heir to eternal life.
17. In bringing this entire matter to the Bishops' attention, this Congregation wishes to support their efforts to assure that the teaching of the Lord and his Church on this important question be communicated fully to all the faithful.
In light of the points made above, they should decide for their own dioceses the extent to which an intervention on their part is indicated. In addition, should they consider it helpful, further coordinated action at the level of their National Bishops' Conference may be envisioned.
In a particular way, we would ask the Bishops to support, with the means at their disposal, the development of appropriate forms of pastoral care for homosexual persons. These would include the assistance of the psychological, sociological and medical sciences, in full accord with the teaching of the Church.
They are encouraged to call on the assistance of all Catholic theologians who, by teaching what the Church teaches, and by deepening their reflections on the true meaning of human sexuality and Christian marriage with the virtues it engenders, will make an important contribution in this particular area of pastoral care.
The Bishops are asked to exercise special care in the selection of pastoral ministers so that by their own high degree of spiritual and personal maturity and by their fidelity to the Magisterium, they may be of real service to homosexual persons, promoting their health and well-being in the fullest sense. Such ministers will reject theological opinions which dissent from the teaching of the Church and which, therefore, cannot be used as guidelines for pastoral care.
We encourage the Bishops to promote appropriate catechetical programmes based on the truth about human sexuality in its relationship to the family as taught by the Church. Such programmes should provide a good context within which to deal with the question of homosexuality.
This catechesis would also assist those families of homosexual persons to deal with this problem which affects them so deeply.
All support should be withdrawn from any organizations which seek to undermine the teaching of the Church, which are ambiguous about it, or which neglect it entirely. Such support, or even the semblance of such support, can be gravely misinterpreted. Special attention should be given to the practice of scheduling religious services and to the use of Church buildings by these groups, including the facilities of Catholic schools and colleges. To some, such permission to use Church property may seem only just and charitable; but in reality it is contradictory to the purpose for which these institutions were founded, it is misleading and often scandalous.
In assessing proposed legislation, the Bishops should keep as their uppermost concern the responsibility to defend and promote family life.
18. The Lord Jesus promised, "You shall know the truth and the truth shall set you free" (Jn. 8:32). Scripture bids us speak the truth in love (cf. Eph. 4:15). The God who is at once truth and love calls the Church to minister to every man, woman and child with the pastoral solicitude of our compassionate Lord. It is in this spirit that we have addressed this Letter to the Bishops of the Church, with the hope that it will be of some help as they care for those whose suffering can only be intensified by error and lightened by truth.
(During an audience granted to the undersigned Prefect, His Holiness, Pope John Paul II, approved this Letter, adopted in an ordinary session of the Congregation for the Doctrine of the Faith, and ordered it to be published.)
Given at Rome, 1 October 1986.
JOSEPH CARDINAL RATZINGER
Prefect
Prefect
ALBERTO BOVONE
Titular Archbishop of Caesarea in Numidia
Secretary
Titular Archbishop of Caesarea in Numidia
Secretary
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CONGREGATION FOR THE DOCTRINE OF THE FAITH
CONSIDERATIONS REGARDING PROPOSALS TO GIVE LEGAL RECOGNITIONTO UNIONS BETWEEN HOMOSEXUAL PERSONS
INTRODUCTION
1. In recent years, various questions relating to homosexuality have been addressed with some frequency by Pope John Paul II and by the relevant Dicasteries of the Holy See.(1) Homosexuality is a troubling moral and social phenomenon, even in those countries where it does not present significant legal issues. It gives rise to greater concern in those countries that have granted or intend to grant – legal recognition to homosexual unions, which may include the possibility of adopting children. The present Considerations do not contain new doctrinal elements; they seek rather to reiterate the essential points on this question and provide arguments drawn from reason which could be used by Bishops in preparing more specific interventions, appropriate to the different situations throughout the world, aimed at protecting and promoting the dignity of marriage, the foundation of the family, and the stability of society, of which this institution is a constitutive element. The present Considerations are also intended to give direction to Catholic politicians by indicating the approaches to proposed legislation in this area which would be consistent with Christian conscience.(2) Since this question relates to the natural moral law, the arguments that follow are addressed not only to those who believe in Christ, but to all persons committed to promoting and defending the common good of society.
I. THE NATURE OF MARRIAGE AND ITS INALIENABLE CHARACTERISTICS
2. The Church's teaching on marriage and on the complementarity of the sexes reiterates a truth that is evident to right reason and recognized as such by all the major cultures of the world. Marriage is not just any relationship between human beings. It was established by the Creator with its own nature, essential properties and purpose.(3) No ideology can erase from the human spirit the certainty that marriage exists solely between a man and a woman, who by mutual personal gift, proper and exclusive to themselves, tend toward the communion of their persons. In this way, they mutually perfect each other, in order to cooperate with God in the procreation and upbringing of new human lives.
3. The natural truth about marriage was confirmed by the Revelation contained in the biblical accounts of creation, an expression also of the original human wisdom, in which the voice of nature itself is heard. There are three fundamental elements of the Creator's plan for marriage, as narrated in the Book of Genesis.
In the first place, man, the image of God, was created “male and female” (Gen 1:27). Men and women are equal as persons and complementary as male and female. Sexuality is something that pertains to the physical-biological realm and has also been raised to a new level – the personal level – where nature and spirit are united.
Marriage is instituted by the Creator as a form of life in which a communion of persons is realized involving the use of the sexual faculty. “That is why a man leaves his father and mother and clings to his wife and they become one flesh” (Gen 2:24).
Third, God has willed to give the union of man and woman a special participation in his work of creation. Thus, he blessed the man and the woman with the words “Be fruitful and multiply” (Gen 1:28). Therefore, in the Creator's plan, sexual complementarity and fruitfulness belong to the very nature of marriage.
Furthermore, the marital union of man and woman has been elevated by Christ to the dignity of a sacrament. The Church teaches that Christian marriage is an efficacious sign of the covenant between Christ and the Church (cf. Eph 5:32). This Christian meaning of marriage, far from diminishing the profoundly human value of the marital union between man and woman, confirms and strengthens it (cf. Mt 19:3-12; Mk 10:6-9).
4. 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. Marriage is holy, while homosexual acts go against the natural moral law. Homosexual acts “close the sexual act to the gift of life. They do not proceed from a genuine affective and sexual complementarity. Under no circumstances can they be approved”.(4)
Sacred Scripture condemns homosexual acts “as a serious depravity... (cf. Rom 1:24-27; 1 Cor 6:10; 1 Tim 1:10). This judgment of Scripture does not of course permit us to conclude that all those who suffer from this anomaly are personally responsible for it, but it does attest to the fact that homosexual acts are intrinsically disordered”.(5) This same moral judgment is found in many Christian writers of the first centuries(6) and is unanimously accepted by Catholic Tradition.
Nonetheless, according to the teaching of the Church, men and women with homosexual tendencies “must be accepted with respect, compassion and sensitivity. Every sign of unjust discrimination in their regard should be avoided”.(7) They are called, like other Christians, to live the virtue of chastity.(8) The homosexual inclination is however “objectively disordered”(9) and homosexual practices are “sins gravely contrary to chastity”.(10)
II. POSITIONS ON THE PROBLEM OF HOMOSEXUAL UNIONS
5. Faced with the fact of homosexual unions, civil authorities adopt different positions. At times they simply tolerate the phenomenon; at other times they advocate legal recognition of such unions, under the pretext of avoiding, with regard to certain rights, discrimination against persons who live with someone of the same sex. In other cases, they favour giving homosexual unions legal equivalence to marriage properly so-called, along with the legal possibility of adopting children.
Where the government's policy is de facto tolerance and there is no explicit legal recognition of homosexual unions, it is necessary to distinguish carefully the various aspects of the problem. Moral conscience requires that, in every occasion, Christians give witness to the whole moral truth, which is contradicted both by approval of homosexual acts and unjust discrimination against homosexual persons. Therefore, discreet and prudent actions can be effective; these might involve: unmasking the way in which such tolerance might be exploited or used in the service of ideology; stating clearly the immoral nature of these unions; reminding the government of the need to contain the phenomenon within certain limits so as to safeguard public morality and, above all, to avoid exposing young people to erroneous ideas about sexuality and marriage that would deprive them of their necessary defences and contribute to the spread of the phenomenon. 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.
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.
III. ARGUMENTS FROM REASON AGAINST LEGAL RECOGNITION OF HOMOSEXUAL UNIONS
6. To understand why it is necessary to oppose legal recognition of homosexual unions, ethical considerations of different orders need to be taken into consideration.
From the order of right reason
The scope of the civil law is certainly more limited than that of the moral law,(11) but civil law cannot contradict right reason without losing its binding force on conscience.(12) Every humanly-created law is legitimate insofar as it is consistent with the natural moral law, recognized by right reason, and insofar as it respects the inalienable rights of every person.(13) Laws in favour of homosexual unions are contrary to right reason because they confer legal guarantees, analogous to those granted to marriage, to unions between persons of the same sex. Given the values at stake in this question, the State could not grant legal standing to such unions without failing in its duty to promote and defend marriage as an institution essential to the common good.
It might be asked how a law can be contrary to the common good if it does not impose any particular kind of behaviour, but simply gives legal recognition to a de facto reality which does not seem to cause injustice to anyone. In this area, one needs first to reflect on the difference between homosexual behaviour as a private phenomenon and the same behaviour as a relationship in society, foreseen and approved by the law, to the point where it becomes one of the institutions in the legal structure. This second phenomenon is not only more serious, but also assumes a more wide-reaching and profound influence, and would result in changes to the entire organization of society, contrary to the common good. Civil laws are structuring principles of man's life in society, for good or for ill. They “play a very important and sometimes decisive role in influencing patterns of thought and behaviour”.(14) Lifestyles and the underlying presuppositions these express not only externally shape the life of society, but also tend to modify the younger generation's perception and evaluation of forms of behaviour. Legal recognition of homosexual unions would obscure certain basic moral values and cause a devaluation of the institution of marriage.
From the biological and anthropological order
7. Homosexual unions are totally lacking in the biological and anthropological elements of marriage and family which would be the basis, on the level of reason, for granting them legal recognition. Such unions are not able to contribute in a proper way to the procreation and survival of the human race. The possibility of using recently discovered methods of artificial reproduction, beyond involv- ing a grave lack of respect for human dignity,(15) does nothing to alter this inadequacy.
Homosexual unions are also totally lacking in the conjugal dimension, which represents the human and ordered form of sexuality. Sexual relations are human when and insofar as they express and promote the mutual assistance of the sexes in marriage and are open to the transmission of new life.
As experience has shown, the absence of sexual complementarity in these unions creates obstacles in the normal development of children who would be placed in the care of such persons. They would be deprived of the experience of either fatherhood or motherhood. Allowing children to be adopted by persons living in such unions would actually mean doing violence to these children, in the sense that their condition of dependency would be used to place them in an environment that is not conducive to their full human development. This is gravely immoral and in open contradiction to the principle, recognized also in the United Nations Convention on the Rights of the Child, that the best interests of the child, as the weaker and more vulnerable party, are to be the paramount consideration in every case.
From the social order
8. Society owes its continued survival to the family, founded on marriage. The inevitable consequence of legal recognition of homosexual unions would be the redefinition of marriage, which would become, in its legal status, an institution devoid of essential reference to factors linked to heterosexuality; for example, procreation and raising children. 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. 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.
The principles of respect and non-discrimination cannot be invoked to support legal recognition of homosexual unions. Differentiating between persons or refusing social recognition or benefits is unacceptable only when it is contrary to justice.(16) The denial of the social and legal status of marriage to forms of cohabitation that are not and cannot be marital is not opposed to justice; on the contrary, justice requires it.
Nor can the principle of the proper autonomy of the individual be reasonably invoked. It is one thing to maintain that individual citizens may freely engage in those activities that interest them and that this falls within the common civil right to freedom; it is something quite different to hold that activities which do not represent a significant or positive contribution to the development of the human person in society can receive specific and categorical legal recognition by the State. Not even in a remote analogous sense do homosexual unions fulfil the purpose for which marriage and family deserve specific categorical recognition. On the contrary, there are good reasons for holding that such unions are harmful to the proper development of human society, especially if their impact on society were to increase.
From the legal order
9. Because married couples ensure the succession of generations and are therefore eminently within the public interest, civil law grants them institutional recognition. Homosexual unions, on the other hand, do not need specific attention from the legal standpoint since they do not exercise this function for the common good.
Nor is the argument valid according to which legal recognition of homosexual unions is necessary to avoid situations in which cohabiting homosexual persons, simply because they live together, might be deprived of real recognition of their rights as persons and citizens. In reality, they can always make use of the provisions of law – like all citizens from the standpoint of their private autonomy – to protect their rights in matters of common interest. It would be gravely unjust to sacrifice the common good and just laws on the family in order to protect personal goods that can and must be guaranteed in ways that do not harm the body of society.(17)
IV. POSITIONS OF CATHOLIC POLITICIANS WITH REGARD TO LEGISLATION IN FAVOUR OF HOMOSEXUAL UNIONS
10. If it is true that all Catholics are obliged to oppose the legal recognition of homosexual unions, Catholic politicians are obliged to do so in a particular way, in keeping with their responsibility as politicians. Faced with legislative proposals in favour of homosexual unions, Catholic politicians are to take account of the following ethical indications.
When legislation in favour of the recognition of homosexual unions is proposed for the first time in a legislative assembly, the Catholic law-maker has a moral duty to express his opposition clearly and publicly and to vote against it. To vote in favour of a law so harmful to the common good is gravely immoral.
When legislation in favour of the recognition of homosexual unions is already in force, the Catholic politician must oppose it in the ways that are possible for him and make his opposition known; it is his duty to witness to the truth. If it is not possible to repeal such a law completely, the Catholic politician, recalling the indications contained in the Encyclical Letter Evangelium vitae, “could licitly support proposals aimed at limiting the harm done by such a law and at lessening its negative consequences at the level of general opinion and public morality”, on condition that his “absolute personal opposition” to such laws was clear and well known and that the danger of scandal was avoided.(18) This does not mean that a more restrictive law in this area could be considered just or even acceptable; rather, it is a question of the legitimate and dutiful attempt to obtain at least the partial repeal of an unjust law when its total abrogation is not possible at the moment.
CONCLUSION
11. The Church teaches that respect for homosexual persons cannot lead in any way to approval of homosexual behaviour or to legal recognition of homosexual unions. The common good requires that laws recognize, promote and protect marriage as the basis of the family, the primary unit of society. Legal recognition of homosexual unions or placing them on the same level as marriage would mean not only the approval of deviant behaviour, with the consequence of making it a model in present-day society, but would also obscure basic values which belong to the common inheritance of humanity. The Church cannot fail to defend these values, for the good of men and women and for the good of society itself.
The Sovereign Pontiff John Paul II, in the Audience of March 28, 2003, approved the present Considerations, adopted in the Ordinary Session of this Congregation, and ordered their publication.
Rome, from the Offices of the Congregation for the Doctrine of the Faith, June 3, 2003, Memorial of Saint Charles Lwanga and his Companions, Martyrs.
Joseph Card. Ratzinger
Prefect
Prefect
Angelo Amato, S.D.B.
Titular Archbishop of Sila
Secretary
Titular Archbishop of Sila
Secretary
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NOTES
(1) Cf. John Paul II, Angelus Messages of February 20, 1994, and of June 19, 1994; Address to the Plenary Meeting of the Pontifical Council for the Family (March 24, 1999); Catechism of the Catholic Church, Nos. 2357-2359, 2396; Congregation for the Doctrine of the Faith, Declaration Persona humana (December 29, 1975), 8; Letter on the pastoral care of homosexual persons (October 1, 1986); Some considerations concerning the response to legislative proposals on the non-discrimination of homosexual persons (July 24, 1992); Pontifical Council for the Family, Letter to the Presidents of the Bishops' Conferences of Europe on the resolution of the European Parliament regarding homosexual couples (March 25, 1994); Family, marriage and “de facto” unions (July 26, 2000), 23.
(2) Cf. Congregation for the Doctrine of the Faith, Doctrinal Note on some questions regarding the participation of Catholics in political life (November 24, 2002), 4.
(3) Cf. Second Vatican Council, Pastoral Constitution Gaudium et spes, 48.
(4) Catechism of the Catholic Church, No. 2357.
(5) Congregation for the Doctrine of the Faith, Declaration Persona humana (December 29, 1975), 8.
(6) Cf., for example, St. Polycarp, Letter to the Philippians, V, 3; St. Justin Martyr, First Apology, 27, 1-4; Athenagoras, Supplication for the Christians, 34.
(7) Catechism of the Catholic Church, No. 2358; cf. Congregation for the Doctrine of the Faith, Letter on the pastoral care of homosexual persons (October 1, 1986), 10.
(8) Cf. Catechism of the Catholic Church, No. 2359; cf. Congregation for the Doctrine of the Faith, Letter on the pastoral care of homosexual persons (October 1, 1986), 12.
(9) Catechism of the Catholic Church, No. 2358.
(10) Ibid., No. 2396.
(11) Cf. John Paul II, Encyclical Letter Evangelium vitae (March 25, 1995), 71.
(12) Cf. ibid., 72.
(13) Cf. St. Thomas Aquinas, Summa Theologiae, I-II, q. 95, a. 2.
(14) John Paul II, Encyclical Letter Evangelium vitae (March 25, 1995), 90.
(15) Cf. Congregation for the Doctrine of the Faith, Instruction Donum vitae (February 22, 1987), II. A. 1-3.
(16) Cf. St. Thomas Aquinas, Summa Theologiae, II-II, q. 63, a.1, c.
(17) It should not be forgotten that there is always “a danger that legislation which would make homosexuality a basis for entitlements could actually encourage a person with a homosexual orientation to declare his homosexuality or even to seek a partner in order to exploit the provisions of the law” (Congregation for the Doctrine of the Faith, Some considerations concerning the response to legislative proposals on the non-discrimination of homosexual persons [July 24, 1992], 14).
(18) John Paul II, Encyclical Letter Evangelium vitae (March 25, 1995), 73.
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