Showing posts with label gay rights. Show all posts
Showing posts with label gay rights. Show all posts
Friday, April 26, 2013
GAY MARRIAGE: THE CATHOLIC CHURCH AND THE FRENCH REPUBLIC
This post is aimed at comparing two different opinions about homosexual marriage, the first one emerging from an inter-religious conversation between Jorge Mario Bergoglio then-archbishop of Buenos Aires (now pope Francis), and rabbi Skorka, and also from an interview with Monsignor Juan Vicente Còrdoba, secretary of the Columbian episcopal conference, and the other coming from the legislative solutions definitively adopted, on April 23, 2013, by the French National Assembly.
The comments in square brackets used inside quotations are by the author of this post.
On March 13, 2013, the day of the election of Pope Bergoglio, GayProject published a letter addressed by Cardinal Bergoglio to the Buenos Aires Carmelite nuns in 2010, when the same-sex marriage law was going to be approved in Argentina. http://gayproject2.wordpress.com/2013/03/14/pope-bergoglio-and-homosexuals/ .
In 2010 a book by Jorge Mario Bergoglio and Abraham Skorka, titled “Sobre el cielo y la tierra” was published by Editorial Sudamericana, Buenos Aires.
This book is a compilation of the conversations between the then-archbishop of Buenos Aires, Jorge Mario Bergoglio, now Pope Francis and Abraham Skorka, rabbi and rector of the Latin-American Rabbinic Seminary in Buenos Aires. The inter-religious conversations are about different topics, such as God, fundamentalism, atheists, death, holocaust, homosexuality and capitalism and took place alternatively in the bishop seat and in the Jewish community Benei Tivka.
In the sixteenth chapter, “Sobre el cielo y la tierra” deals with “marriage between people of the same sex”. So rabbi Skorka opens the conversation: “In my opinion, same-sex marriage has been considered in a very partial manner, compared to the depth that the topic deserves. Cohabiting same-sex couples are matter of fact and are entitled to legal solutions to problems such as pensions, inheritance etc.. (which may be part of a new juridical figure), but equating homosexual couples to heterosexual ones is something totally different. It’s not just a belief question, but we must be aware that this problem concerns one of the most delicate elements our culture is based on.”
Bergoglio replies: “Religion, being at the service of the people, in entitled to express its opinion. And if somebody asks me for advice, I have the right to give it to him. Sometimes the religious minister calls attention to certain points of the private or public life because he is the mentor of the faithful.” Up to this point we can find the usual reaffirmation of the duties and obviously also of the consequential rights that religions are entitled to claim, nevertheless Bergoglio introduces a new element pointing out what “is not for religious minister, as he doesn’t have the right to interfere with anybody’s private life, and that’s for sure. If, during the Creation, God faced the risk of making us free, who am I to interfere? We condemn the redundancy of spiritual influence, which occurs when a minister imposes the guideline, the behaviour to follow, depriving people of freedom”. These statements, however, are not intended for possible approval of choices different from those suggested (not imposed) by the church because Bergoglio is quick to point out that “God let us free even to commit a sin. Talking clearly about values, limits, commandments is something absolutely necessary, of course, but spiritual or pastoral interference is not allowed”.
Skorka reminds that in Judaism there are some currents in which prescriptive approaches prevail, but he underlines that in Jewish Law there’s no place for homosexuality, and he adds: “On the other hand, I respect any individual who maintains a reserved and intimate approach to the theme”, then he refers to the Argentinian law of 2010 about civil marriage between same-sex people and access to adoptions by same-sex couples; he reminds the worth that scientists like Freud or Lévi-Strauss attribute to the prohibition of incestuous relationships and to sexual ethic, and he admits to be worried about the consequences for society that laws like that approved in Argentina in 2010 can produce.
Bergoglio considers the Argentinian law approved in 2010 as an “anthropological regression”, since it weakens “an institution millennia old, created in accordance with nature and anthropology”; this way the rejection of homosexual unions considered as equivalent to marriage loses the quality of religious precept, in the name of which church is not allowed to deprive anybody of his freedom, and assumes the meaning of safeguard of the natural law in opposition to anything unnatural, and also of safeguard of a principle of anthropology, which affirms that heterosexuality is an intrinsic characteristic of the man as such.
Bergoglio then states something apparently open-minded: “Fifty years ago, co-living before marriage was not as common as nowadays. It was something degrading. Then things changed. Today, co-living before marriage, although it’s not right from a religious point of view, does not have any more the extremely negative social weight it had fifty years ago. It’s a sociological fact that clearly is not comparable to the completeness and greatness of marriage, an institution millennia old that has to be defended. […] We too consider very important what you have just highlighted, that is the base of the Natural Law mentioned by the Bible: the union between a man and a woman”. Shorly, Bergoglio underlines that Bible recognizes the “real” Nature Law, which is identified, in sexual matter, as heterosexuality.
Bergoglio continues: “homosexuality has always existed. The island of Lesbos, for example, was well known for having homosexual women. But it had never happened in history that somebody tried to give it the same status as marriage. It was tolerated or not tolerated, it was appreciated or not appreciated, but never considered equal.” Bergoglio doesn’t even conceive that homosexuality can be considered equated with heterosexuality, because he said it doesn’t embody the Natural Law (strange concept of nature!).
Bergoglio continues with a statement: “We know that during some epochal evolutions the phenomenon of homosexuality sensibly increased”. Actually, in those periods of changing the repressive power of some institutions like Catholic Church weakened, that’s why homosexuality became more visible.
Bergoglio adds: “But in our age, it is the first time we face the problem of assimilating it to marriage, and I consider this as a bad value and an anthropological regression”.
Immediately after, Bergoglio presents the most convincing argument, according to him,: “A private union doesn’t hurt anybody nor the society. Instead, if this union is considered under the category of marriage and the right of adoption is allowed, there is the risk of damaging children. Each individual needs a male father and a female mother who help him shaping his own identity”. The idea of homo-parenthood as something dangerous is taken for granted, though many serious studies about the issue have demonstrated that those are only prejudices.
Bergoglio adds: “I insist: our opinion on marriage of same-sex people does not have a religious basis but anthropological”, and for this reason the limitation of the sphere of the individual freedom would be justified as well as the non-equalization of homosexuals with heterosexuals.
Bergoglio reminds that, for the first time after 18 years of being bishop, he had to draw the attention of a public officer when the major of Buenos Aires, Mauricio Macri, refused to appeal against a first grade judgement that had authorized a homosexual marriage. But Bergoglio points out, twice, that he never talked about homosexuals or used derogatory terms against homosexuals and remarks that he confined himself to the legal issue.
Skorka then widens the subject on the natural law and he reminds that “in the discussion before the approval of the law, somebody invoked the “natural law” thanks to which Nature has in itself the rule leading the human behaviour. So, God himself infused this rule in the Creation. Now, a homosexual may rightly object it was God or Nature that made him that way. On the other hand, somebody declared that love between homosexual people has a multiple nature, because female love and male love co-exist together, although this does not implies a suitable condition to create a family”. These last statements of the rabbi, related to a generic “somebody”, are in fact quite curious.
Skorka introduces the question of the parental figures in the educative field and Bergoglio answers that “generally, people say that it would be better for a kid to be grown by a same-sex couple rather than living in an orphanage or in an institute for minors. Of course, neither of these situations is optimal”.
Bergoglio searches for a different solution which could allow to avoid adoption by same-sex couples. He states that “the problem is that the State does not do what it should, […] We have to consider the situations od children who live in public structures or institutes where everything is done but recover those children. NGOs, the different religious confessions or other kinds of organisations should take care of those minors”, but Bergoglio concludes: “a mistake from the State’s side [the excess of bureaucracy and corruption] does not justify another mistake by the same State [the legitimation of adoptions for same-sex couples]”. In this sense, if regulations and procedures for the adoptions were speeded up and bureaucratic rules “whose actual application encourages corruption” were eliminated, there would be no justification for adoptions by same-sex couples.
Skorka goes on quoting Bible and Maimonides, looking for images that compare the relationship between God and men to the matrimonial relationship between a man and a woman, then he concludes: “A homosexual person loves somebody he knows, a fellow. It is easy for a man to know another man, on the contrary it is much more difficult to know a woman, because he needs to decode her. A man perfectly knows what another man feels, and a woman perfectly knows what happens in the body and in the mind of another woman. Discovering the other sex, instead, is a true challenge”.
Bergoglio ends up this way: “Usually, in the homily for a marriage I tell the groom he must make her more woman, and I tell the bride she must make him more man”.
Here below you can read, translated into English, an article appeared on the Columbian newspaper “El Tiempo”. The article is titled: “Monsignor Juan Vicente Còrdoba thinks that entrusting two boys to a homosexual man was a mistake”.http://m.eltiempo.com/gente/iglesia-rechaza-adopcin-de-homosexuales/10913132
The secretary of the [Columbian] Episcopal Conference, Juan Vicente Còrdoba, a professional psychologist, questioned the adoption of two little brothers authorized by the Columbian Institute for Family Wellness (ICBF) to an American homosexual man. It’s the case of the journalist Chandler Burr, who has taken back with him the two brothers after a long dispute, consequent to the fact that the adoption had been suspended when his sexual orientation was known.
What do you think about this case?
“I don’t want to judge that man or the ICBF, and I imagine there was a good intention behind. But what kind of investigation was carried out on the personality of the future dad? You have to be sure the adopters are a couple, a man and a woman, or a single man or a single woman with a stable psychology, if you want to entrust a child to somebody”.
Is homosexuality a psychological problem?
“It is not an illness, but a gender identity disease, about the identification of the gender. This is what universal psychiatry says”. [Homosexuality objectively has nothing to do with diseases or with gender identity problems, as World Health Organization confirmed many times.]
What do you know about Chandler Burr?
“I don’t know him and I’m not accusing him of anything, but one thing is clear: he has a homosexual tendency and a ten-year old boy and a thirteen-year old boy will be entrusted to him, among them there is a father-son relationship, they entrust him two boys of an age in which they can be attractive for him and so they can be a temptation”.
Do the children risk something?
“One says: why not giving him two girls? Why right two boys to a homosexual man? He wouldn’t feel any attraction towards two girls, if heterosexual fathers abuse of their daughters and even of their sons, then there’s more to worry about a homosexual man. It would have been better to give the children a father and a mother”.
So a homosexual man can’t house an orphan?
“He can, but he has to be a person with an internalized ability of controlling his tendency, his drives, his passions. It’s very hard not to fall in temptation if somebody has diabetes and he lives in a candy shop”.
What is you proposal?
“I believe that things have been made in a hurry, but it is possible to invert the trial as there was a fundamental fact nobody knew. Thus, revising the trial and bringing it back to a previous phase is something absolutely necessary. It will be very difficult for this man to be impartial and give a pure and transparent affection. Colombia cannot supply its citizens to another country like if they were just goods”.
The Prosecutor’s office investigates Chandler Burr’s couple life. The control authority expressed a negative opinion on Burr’s case, “especially about the psychological valuation test, according to which there are some evident inconsistencies about the existence of relationships with same-sex people”.
The control authority confirmed its request to ICBF for obtaining the revision of the adoption requests by mono-parental families or singles and announced that the case will be followed and this proceeding of adoption will be contested.
On March 24, 2013, Gay Project published an article: GAY MARRIAGE IN FRANCE AND STATE SECULARITY
The French law has finally closed the phase of the double track: marriage only for heterosexuals and other forms of cohabitation also for homosexuals. Without giving any “definition of marriage” was adopted simply a new text of art. 143 of the Civil Code which now reads:
“Art 143 – Marriage is contracted by two persons of different or of the same sex.”
All contrary provisions must therefore be considered amended accordingly. So the secular France has honoured the principles of liberty, equality and fraternity.
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Tuesday, April 2, 2013
GAYS FROM PREJUDICE TO HUMAN RIGHTS
In June 2012, a Polish priest Dariusz Oko, a professor at the Pontifical University of John Paul II Krakow, published on the Polish magazine, Frond, and soon on the German theological journal Theologisches an article entitled: “With the Pope against homo-heresy” where he claimed that homosexuality within the Church gave birth to a mafia that generates a real homo-heresy.
In September 2012, Msgr. Tony Anatrella, consultant to the Pontifical Council for the Family and the Pontifical Council for Health, has published (in Italian by Edizioni San Paolo), his latest book, “The theory of gender and the origin of homosexuality”. Recently has been released the book “Homosexuality and the Church’s Magisterium” (Sugarco Editions, 2013), with a foreword by Msgr. Anatrella.
I tried to go a bit deeper. According to Msgr. Anatrella, the UN, the European Union and the World Health Organization are slaves to the gay lobbies and only the Catholic Church can save us from the hidden power of these lobbies, Anatrella adds “You have to read the Bible and then Saint Paul who describes the dire consequences of a society that promotes homosexuality”.
I wonder, just because I’m gay and I live in the midst of gay people, what does Msgr. Anatrella know about homosexuality if, to understand what it is, he prefers to go to St. Paul. I also wonder why the Catholic “lobby” tries to substantiate its thesis by paradoxical statements, repudiated by all the major international scientific circles.
On the other hand, on 24 July 1992 the document “Some considerations concerning the response to legislative proposals on non-discrimination of homosexual persons” states that ” Including “homosexual orientation” among the considerations on the basis of which it is illegal to discriminate can easily lead to regarding homosexuality as a positive source of human rights… This is all the more deleterious since there is no right to homo- sexuality which therefore should not form the basis for judicial claims. The passage from the recognition of homosexuality as a factor on which basis it is illegal to discriminate can easily lead, if not automatically, to the legislative protection and promotion of homosexuality.”
Another important document “Considerations regarding proposals to give legal recognition to unions between homosexual persons”, 3 June 2003, states that:” Where the government’s policy is de facto tolerance and there is no explicit legal recognition of homosexual unions … 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.”
It is well known the speech of the Archbishop Tommasi at the General Debate of the United Nations human rights area in March 2011 (here you can read the speech in English http://cittademocratica.blogspot.it/2011/04/il-vaticano-e-lomofobia.html) which argues that there would be no need for an explicit assertion of a right to homosexuality because sexual orientation, according to the letter of the Vienna Convention, seems to be defined in terms of thought and not of behavior. The sphere of freedom of thought is already protected and therefore there would be no need to reaffirm specific gay rights, but Tommasi adds that homosexual behavior should instead be governed by the law because the law already deals with some behavior such as pedophilia. This reasoning is the very negation of the logic of human rights and insinuates intolerable combinations between homosexuality and pedophilia.
Ecclesiastical interventions aimed at devaluing the major international organizations, replicate in various ways, from the dramatic to the most subtle, the idea that there should not be any international recognition of gay rights. But against such positions comes clearly the United Nations Secretary-General:
“To those who are lesbian, gay, bisexual or transgender, let me say: You are not alone. Your struggle for an end to violence and discrimination is a shared struggle. Any attack on you is an attack on the universal values the United Nations and I have sworn to defend and uphold. Today, I stand with you and I call upon all countries and people to stand with you, too” Ban Ki-moon, March 2012.
“To those who are lesbian, gay, bisexual or transgender, let me say: You are not alone. Your struggle for an end to violence and discrimination is a shared struggle. Any attack on you is an attack on the universal values the United Nations and I have sworn to defend and uphold. Today, I stand with you and I call upon all countries and people to stand with you, too” Ban Ki-moon, March 2012.
In March 2012 The United Nations has issued a key document for the rights of homosexuals, entitled “BORN FREE AND EQUAL – Sexual Orientation and Gender Identity in International Human Rights Law”
http://www.ohchr.org/Documents/Publications/BornFreeAndEqualLowRes.pdf
The document is a hymn to freedom. Following are the five points that the UN identifies as targets of government action in the field of LGBT human rights.
http://www.ohchr.org/Documents/Publications/BornFreeAndEqualLowRes.pdf
The document is a hymn to freedom. Following are the five points that the UN identifies as targets of government action in the field of LGBT human rights.
1. Protect people from homophobic and transphobic violence. Include sexual orientation and gender identity as protected characteristics in hate crime laws. Establish effective systems to record and report hate-motivated acts of violence. Ensure effective investigation and prosecution of perpetrators and redress for victims of such violence. Asylum laws and policies should recognize that persecution on account of one’s sexual orientation or gender identity may be a valid basis for an asylum claim.
2. Prevent the torture and cruel, inhuman and degrading treatment of LGBT persons in detention by prohibiting and punishing such acts and ensuring that victims are provided with redress. Investigate all acts of mistreatment by State agents and bring those responsible to justice. Provide appropriate training to law enforcement officers and ensure effective monitoring of places of detention.
3. Repeal laws criminalizing homosexuality, including all laws that prohibit private sexual conduct between consenting adults of the same sex. Ensure that individuals are not arrested or detained on the basis of their sexual orientation or gender identity, and are not subjected to baseless and degrading physical examinations intended to determine their sexual orientation.
4. Prohibit discrimination on the basis of sexual orientation and gender identity. Enact comprehensive laws that include sexual orientation and gender identity as prohibited grounds of discrimination. In particular, ensure non-discriminatory access to basic services, including in the context of employment and health care. Provide education and training to prevent discrimination and stigmatization of LGBT and intersex people.
5. Safeguard freedom of expression, association and peaceful assembly for LGBT and intersex people. Any limitations on these rights must be compatible with international law and must not be discriminatory. Protect individuals who exercise their rights to freedom of expression, association and freedom of assembly from acts of violence and intimidation by private parties.
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Saturday, March 30, 2013
PRINCIPLES OF (GAY) SECULAR SEXUAL MORALITY
I chose to give this post the title “principles of (gay) secular sexual morality” putting the word gay in brackets because, although to form my opinion on the subject I have referred to my environment, that is gay people, the result of my reflection is independent of sexual orientation. The reflections are very general, I start by acknowledging a discomfort and therefore a conflict and tend to resolve it with a proposal.
Discomfort, as such, and in this case the moral distress identified as guilt, it is believed originated from an conflict inside the conscience between what you should be and what you are. According to the most common schematization, the transgression of a moral precept leads to guilt, but it is actually difficult to define both what you should be and what you are.
The real action can be more or less free, but also the moral norm with which the concrete action is compared often derives from more or less forced internalization of external regulatory assumptions on which very often it is very difficult and sometimes impossible to have any rational control. If the concepts of good and evil are defined for passive assimilation of external codes the meter itself of moral judgment falters.
In front of the definition of the criteria of moral there are two substantially different attitudes, dogmatic one for which the distinction between moral and immoral is objective and morality looks like a system formal and legalistic, and the other that focuses on the size of individual freedom and of the subjective judgment. The first trend “teaches moral norms”, the second “opens the door to the individual conscience” and of course, at least within broad areas, to the subjectivity of conscience. The moral of individual freedom is not the moral of individualism, selfishness, etc.. etc.., but the moral of the individual pursuit of the good. In this individual research, indeed, the fundamental principle is the realization of the good of the other, an altruistic principle.
Beyond the individual rules of behavior, which are left to individual freedom, what is altruistic has to be considered moral and what is egoistic has to be considered immoral. It is clear that certainly continue to exist behaviors that should be considered “objectively” immoral and must be attentively prevented and are those who are in the criminal law that punishes acts objectively detrimental to the others rights.
While the champions of the objectivity of the moral norm spread a teaching of well defined moral principles, that despite the stated objectivity are strongly characterized historically and culturally (there is no objective morality shared by all), the champions of moral freedom of individual tend to spread a pedagogy of freedom that merely indicates the pourpose (altruism) and leaves to the individual conscience the search for ways to realize it.
In a prescriptive morality, beyond the predictable statements that try to bring up the opposite, it makes no sense to distinguish between the one who commits an error and the error itself because what matters from the moral point of view is not the person but what that person does, the individual conscience is really considered a poor thing, on the contrary in a morality of freedom, except in cases of major criminal behavior, moral judgment is subjective and internal to conscience, I mean that evaluating the good and the bad outside the conscience of the individual completely loses meaning.
The society in which we live is the result of centuries of moral precepts and for this reason the prescriptive moral is generally perceived as the only possible moral. The transmission of value systems and moral codes thus tends to perpetuate the prescriptive moral from one generation to another creating the illusion that that moral is absolute and eternal.
When the moral code absorbed from the outside is not properly fitting to the life of the individual, a conflict raises up, this conflict could be resolved adjusting the individual behavior on internalized moral norm but since this method tends to reduce the freedom of the individual, it is better to look for a different way and weaken the moral norm, its interpretation becomes flexible, and this way creates less discomfort, but in reality flexible interpretations leave survive the whole edifice of formal moral, which is the very reason for the discomfort, because the norm is imposed by forcing freedom of individual morality. In essence, the need for moral freedom almost always returns to the surface (when it has been suppressed not too violently) and internalized normative codes, without being challenged, are actually removed or weakened.
I wonder if no longer it makes sense to respect the individual moral freedom from the beginning. Doesn’t it make more sense to educate people about freedom of choice? There are some countries in which the pedagogy of freedom has existed for many years and not only did not facilitate the abuse but educated to a sense of responsibility
Let’s try to bring the theoretical discourse in practice.
A guy growing up realizes that he is gay, if he has been educated according to a prescriptive moral, he can perhaps feel in trouble, in conflict with the family, the religion and the society, and can also live very deep hardship. If he doesn’t end up giving up entirely to himself, sooner or later the individual freedom will emerge, will eventually the norm too much rigid will weaken, the guy will follow in appearance the standard behaviour in front of the family, the religious community and other public places, but sooner or later, that guy will find ways to get back his freedom.
On the contrary If that guy had been educated from the beginning to the moral freedom there would be nothing with which to come into conflict and he would wonder how to live responsibly his homosexuality, that guy must be aware of some objective limits that cannot be eliminated and that while leaving freedom on how to implement the welfare of others, however, requires not to damage them in any way. In this case the first moral duty is the prevention of sexually transmitted diseases. It is clear that the first postulate of morality is “objectively do not harm others.”
How may that guy trying to do right, realize what is the good of the other? The answer is quite simple, he has to try to see situations from the point of view of the other, it is certainly not easy to try to evaluate the effect of our actions as they appear in the eyes of the other. Good and evil are not measured on the intentions of the agent but from the point of view of the persons to whom actions are addressed. In this sense, no behavior in the context of moral freedom is good or bad in itself because the assessment can be given only by to those who act trying to understand the effects of what they do (principle of responsibility).
Let’s go to a concrete example: sex yes or no? The answer is obtained immediately starting from the point of view of the other. No sex if sexual contact is not wanted by the other, or if it may cause him, later, remorse or situations of discomfort; sex, yes, if your personal desire meets the one of the other in a free and spontaneous. And if things are not very clear? Here, too, the answer is simple, the solutions to the questions must be seek in two, the other is not only the recipient of our assessments, but chooses with us and sharing doubts and uncertainties helps prevent misjudgements. On the other hand among people accustomed to moral freedom, the judgment about a man depends on his honesty, on his lack of ulterior motives, on the consistency of the manner of his speaking with his way of being and on his willingness to get involved on equal terms with other persons.
From this discussion we arrive at a necessary conclusion: the basis of sexuality education and, I might add, of all forms of education should be the education for freedom. Our freedom and that of others form the foundation of morality and our happiness and that of others constitute its purpose.
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Saturday, March 23, 2013
GAY MARRIAGE IN FRANCE AND STATE SECULARITY
Starting from April 4, 2013 the Senate of the French Republic will examine the Draft Law No. 344 “for the opening of marriage to same-sex couples” (http://www.assemblee-nationale.fr/14/projets/pl0344.asp) already approved by the National Assembly.
The Article. 1 of the Draft Law No. 344 provides that the Chapter I of Title V of Book I of the Civil Code is amended as follows: “is inserted at the beginning of this chapter an art. 143 so defined:
“Article 143 – Marriage is contracted by two people of different sexes or of the same sex. ‘”.
The Draft Law also provides analytically all the provisions of the codes to adapt them to the new Article 143. The entire discipline of marriage, according to the provisions of the Draft Law, can be found on the page http://www.mariage-civil.fr/
It should be emphasized that the new Article 143 of the French Civil Code does not create a special legislation for same-sex couples, possibly extending it to unmarried heterosexual couples, but simply extends marriage rights to all, without exceptions depending on the sex of the spouses and extends the adoption rights to homosexual couples on the basis of the same rules that govern the adoption for heterosexual couples. This means that the new art. 143, secularly and strictly, applies the principle of equality of all citizens in front of the law.
The definition of the new art. 143 of the French Civil Code is the result of a long process of secularization of marriage.
Marriage, in France, was the exclusive prerogative of the Church during the Ancien Régime, the final secularization of marriage has been enshrined in Article 7 of the Constitution of 1791 which states that “the law sees marriage as a civil contract.” The decree of 20 to 25 September 1792 sets up the conditions for the formation of marriage, including the celebration in front of the municipal public official. This conception of civil and secular marriage was endorsed by the authors of the Civil Code. The marriage has no definition in the French Civil Code and the Code does not identify any fixed purpose for the marriage, the Code is just about acts of marriage, then, in a separate heading, about conditions, effects, and the dissolution of the marriage.
The idea of opening marriage to same-sex couples has collected progressively greater acceptance since the adoption of the law n° 99-944 of 15 November 1999 on the Civil Solidarity Pact. The majority of French people are now in favor of access to marriage by same-sex couples. It is true that the Civil Solidarity Pact allowed to meet the real aspiration of society and the regime that it provides has been considerably strengthened and made closer to that of marriage, but differences still remain and this legal instrument does not meet the request of the same-sex couples who wish to marry or their request for access to adoption.
France has to take a step further. This is the purpose of the Draft Law. 344, which opens the right to marry to same-sex couples and therefore also opens access to parenting for these people, through the mechanism of adoption.
Cardinal Philippe Barbarin, Archbishop of Lyon, said that the opening of marriage to homosexuals “is socially disruptive” and added, “And then, this will have an infinite number of consequences. After that, they can require to marry non only in couple but in three or four. Then, one day perhaps, will fall also the prohibition of incest.”
The Cardinal Archbishop of Paris Andre Vingt-Trois judged the marriage between persons of the same sex, “an arrogance that will shake one of the pillars of our society.”
The Protestant Federation of France has ruled against “the false idea of marriage for all” as a matter “not theological but social and anthropological.”
The Grand Rabbi of France Gilles Bernheim believes that “the arguments of equality, love, protection or right to a child do not hold up and they cannot justify, they only, a law.”
Olivier-Genh Wang, vice-president of the Union of Buddhists in France, hopes “people to reflect on the consequences that will arise from individualistic and selfish acts.”
The French Council for the Muslim Faith (CFCM) has published an official document which explains the opposition of the Muslim Law Project but precises, secularly, that “the rules and norms of a religion cannot be used to oppose or evade rules and regulations of the State that apply to everyone.” The document also states that Muslims “strongly condemn all homophobic acts.” According to the CFCM “the mission of marriage cannot be reduced to recognize a bond of love”, marriage presupposes “the foundation of a stable family under the direction of the two spouses”.
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HOMOSEXUALITY AND IGNORANCE
The fundamental problem for the concrete realization of the criteria of freedom and equality on which a secular civil society should be establish is represented by ignorance, in consequence of which, in place of concepts based on facts that are not known, preconceptions completely unfounded take place.
In order to know the reality about homosexuality I reproduce below a fundamental document by the World Health Organization (http://new.paho.org/hq/index.php?option … 703&Itemid) where are summarized in some points of extreme importance to gay people. This document is the synthesis of very high scientific level of the work of thousands of specialists coming from all over the world. I invite you to see how the contents of this document reflect faithfully what Gay Project has always supported. I think that there is no need to place side by side this document other well-known documents of confessional origin.
I refer the interested reader to two articles published by Gay Project:
GAY BETWEEN REAL MORAL AND REPARATIVE THERAPY
http://gayproject2.wordpress.com/2012/1 … e-therapy/
http://gayproject2.wordpress.com/2012/1 … e-therapy/
POPE RATZINGER AND HOMOSEXUALITY
http://gayproject2.wordpress.com/2013/0 … sexuality/
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http://gayproject2.wordpress.com/2013/0 … sexuality/
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Pan American Health Organization
Regional Office of the
World Health Organization
Regional Office of the
World Health Organization
“CURES” FOR AN ILLNESS THAT DOES NOT EXIST
Purported therapies aimed at changing sexual orientation lack medical justification and are ethically unacceptable
Purported therapies aimed at changing sexual orientation lack medical justification and are ethically unacceptable
Introduction
Countless human beings live their lives surrounded by rejection, maltreatment, and violence for being perceived as “different.” Among them, millions are victims of attitudes of mistrust, disdain and hatred because of their sexual orientation. These expressions of homophobia are based on intolerance resulting from blind fanaticism as well as pseudoscientific views that regard non-heterosexual and non-procreative sexual behavior as “deviation” or the result of a “developmental defect.”
Whatever its origins and manifestations, any form of homophobia has negative effects on the affected people, their families and friends, and society at large. There is an abundance of accounts and testimonies of suffering; feelings of guilt and shame; social exclusion; threats and injuries; and persons who have been brutalized and tortured to the point of causing injuries, permanent scars and even death. As a consequence, homphobia represents a public health problem that needs to be addressed energetically.
While every expression of homophobia is regrettable, harms caused by health professionals as a result of ignorance, prejudice, or intolerance are absolutely unacceptable and must be avoided by all means. Not only is it fundamentally important that every person who uses health services be treated with dignity and respect; it is also critical to prevent the application of theories and models that view homosexuality as a “deviation” or a choice that can be modified through “will power” or supposed “therapeutic support”.
In several countries of the Americas, there has been evidence of the continued promotion, through supposed “clinics” or individual “therapists,” of services aimed at “curing” non-heterosexual orientation, an approach known as “reparative” or “conversion therapy.”1 Worryingly, these services are often provided not just outside the sphere of public attention but in a clandestine manner. From the perspective of professional ethics and human rights protected by regional and universal treaties and conventions such as the American Convention on Human Rights and its Additional Protocol (“Protocol of San Salvador”) 2, they represent unjustifiable practices that should be denounced and subject to corresponding sanctions.
Homosexuality as a natural and non-pathological variation
Efforts aimed at changing non-heterosexual sexual orientations lack medical justification since homosexuality cannot be considered a pathological condition.3 There is a professional consensus that homosexuality represents a natural variation of human sexuality without any intrinsically harmful effect on the health of those concerned or those close to them. In none of its individual manifestations does homosexuality constitute a disorder or an illness, and therefore it requires no cure. For this reason homosexuality was removed from the relevant systems of classification of diseases several decades ago.4
The ineffectiveness and harmfulness of “conversion therapies”
Besides the lack of medical indication, there is no scientific evidence for the effectiveness of sexual reorientation efforts. While some persons manage to limit the expression of their sexual orientation in terms of conduct, the orientation itself generally appears as an integral personal characteristic that cannot be changed. At the same time, testimonies abound about harms to mental and physical health resulting from the repression of a person’s sexual orientation. In 2009, the American Psychological Association conducted a review of 83 cases of people who had been subject to “conversion” interventions.5 Not only was it impossible to demonstrate changes in subjects’ sexual orientation, in addition the study found that the intention to change sexual orientation was linked to depression, anxiety, insomnia, feelings of guilt and shame, and even suicidal ideation and behaviors. In light of this evidence, suggesting to patients that they suffer from a “defect” and that they ought to change constitutes a violation of the first principle of medical ethics: “first, do no harm.” It affects the right to personal integrity as well as the right to health, especially in its psychological and moral dimensions.
Besides the lack of medical indication, there is no scientific evidence for the effectiveness of sexual reorientation efforts. While some persons manage to limit the expression of their sexual orientation in terms of conduct, the orientation itself generally appears as an integral personal characteristic that cannot be changed. At the same time, testimonies abound about harms to mental and physical health resulting from the repression of a person’s sexual orientation. In 2009, the American Psychological Association conducted a review of 83 cases of people who had been subject to “conversion” interventions.5 Not only was it impossible to demonstrate changes in subjects’ sexual orientation, in addition the study found that the intention to change sexual orientation was linked to depression, anxiety, insomnia, feelings of guilt and shame, and even suicidal ideation and behaviors. In light of this evidence, suggesting to patients that they suffer from a “defect” and that they ought to change constitutes a violation of the first principle of medical ethics: “first, do no harm.” It affects the right to personal integrity as well as the right to health, especially in its psychological and moral dimensions.
Reported violations of personal integrity and other human rights
As an aggravating factor, “conversion therapies” have to be considered threats to the right to personal autonomy and to personal integrity. There are several testimonies from adolescents who have been subject to “reparative” interventions against their will, many times at their families’ initiative. In some cases, the victims were interned and deprived of their liberty, sometimes to the extent of being kept in isolation during several months. 6 The testimonies provide accounts of degrading treatment, extreme humiliation, physical violence, aversive conditioning through electric shock or emetic substances, and even sexual harassment and attempts of “reparative rape,” especially in the case of lesbian women. Such interventions violate the dignity and human rights of the affected persons, independently of the fact that their “therapeutic” effect is nil or even counterproductive. In these cases, the right to health has not been protected as demanded by the regional and international obligations established through the Protocol of San Salvador and the International Covenant on Economic, Social, and Cultural Rights.
Conclusion
Health professionals who offer “reparative therapies” align themselves with social prejudices and reflect a stark ignorance in matters of sexuality and sexual health. Contrary to what many people believe or assume, there is no reason – with the exception of the stigma resulting from those very prejudices – why homosexual persons should be unable to enjoy a full and satisfying life. The task of health professionals is to not cause harm and to offer support to patients to alleviate their complaints and problems, not to make these more severe. A therapist who classifies non-heterosexual patients as “deviant” not only offends them but also contributes to the aggravation of their problems. “Reparative” or “conversion therapies” have no medical indication and represent a severe threat to the health and human rights of the affected persons. They constitute unjustifiable practices that should be denounced and subject to adequate sanctions and penalties.
Recommendations
To governments:
Homophobic ill-treatment on the part of health professionals or other members of health care teams violates human rights obligations established through universal and regional treaties. Such treatment is unacceptable and should not be tolerated.
“Reparative” or “conversion therapies” and the clinics offering them should be reported and subject to adequate sanctions.
Institutions offering such “treatment” at the margin of the health sector should be viewed as infringing the right to health by assuming a role properly pertaining to the health sector and by causing harm to individual and community well-being.7
Victims of homophobic ill-treatment must be treated in accordance with protocols that support them in the recovery of their dignity and self-esteem. This includes providing them treatment for physical and emotional harm and protecting their human rights, especially the right to life, personal integrity, health, and equality before the law.
To academic institutions:
Public institutions responsible for training health professionals should include courses on human sexuality and sexual health in their curricula, with a particular focus on respect for diversity and the elimination of attitudes of pathologization, rejection, and hate toward non-heterosexual persons. The participation of the latter in teaching activities contributes to the development of positive role models and to the elimination of common stereotypes about non-heterosexual communities and persons.
The formation of support groups among faculty and within the student community contributes to reducing isolation and promoting solidarity and relationships of friendship and respect between members of these groups.
Better still is the formation of sexual diversity alliances that include heterosexual persons.
Better still is the formation of sexual diversity alliances that include heterosexual persons.
Homophobic harassment or maltreatment on the part of members of the faculty or students is unacceptable and should not be tolerated.
To professional associations:
Professional associations should disseminate documents and resolutions by national and international institutions and agencies that call for the de-psychopathologization of sexual diversity and the prevention of interventions aimed at changing sexual orientation.
Professional associations should adopt clear and defined positions regarding the protection of human dignity and should define necessary actions for the prevention and control of homophobia as a public health problem that negatively impacts the enjoyment of civil, political, economic, social, and cultural rights.
The application of so-called “reparative” or “conversion therapies” should be considered fraudulent and as violating the basic principles of medical ethics. Individuals or institutions offering these treatments should be subject to adequate sanctions.
To the media:
The representation of non-heterosexual groups, populations, or individuals in the media should be based on personal respect, avoiding stereotypes or humor based on mockery, ill-treatment, or violations of dignity or individual or collective well-being.
Homophobia, in any of its manifestations and expressed by any person, should be exposed as a public health problem and a threat to human dignity and human rights.
The use of positive images of non-heterosexual persons or groups, far from promoting homosexuality (in virtue of the fact that sexual orientation cannot be changed), contributes to creating a more humane and diversity-friendly outlook, dispelling unfounded fears and promoting feelings of solidarity.
Publicity that incites homophobic intolerance should be denounced for contributing to the aggravation of a public health problem and threats to the right to life, particularly as it contributes to chronic emotional suffering, physical violence, and hate crimes.
Advertising by “therapists,” “care centers,” or any other agent offering services aimed at changing sexual orientation should be considered illegal and should be reported to the relevant authorities.
To civil society organizations:
Civil society organizations can develop mechanisms of civil vigilance to detect violations of the human rights of non-heterosexual persons and report them to the relevant authorities. They can also help to identify and report persons and institutions involved in the administration of so-called “reparative” or “conversion therapies.”
Existing or emerging self-help groups of relatives or friends of non-heterosexual persons can facilitate the connection to health and social services with the goal of protecting the physical and emotional integrity of ill-treated individuals, in addition to reporting abuse and violence.
Fostering respectful daily interactions between persons of different sexual orientations is enriching for everyone and promotes harmonic, constructive, salutary, and peaceful ways of living together.
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1 Human Rights Committee (2008). Concluding Observations on Ecuador(CCPR/C/ECU/CO/5), paragraph 12.
<http://www2.ohchr.org/english/bodies/hrc/docs/co/CCPR.C.ECU.CO.5.doc>
Human Rights Council (2011). Discriminatory Laws and Practices and Acts of Violence Against Individuals
Based on Their Sexual Orientation and Gender Identity (A/HRC/19/41), paragraph 56. <http://www.ohchr.org/Documents/HRBodies/HRCouncil/RegularSession/Session19/AHRC-19-41_en.pdf>
Human Rights Council (2011). Report of the Special Rapporteur on the Right of Everyone to the Enjoyment of the Highest Attainable Standard of Physical and Mental Health (A/HRC/14/20), paragraph 23.
<http://www2.ohchr.org/english/bodies/hrcouncil/docs/14session/A.HRC.14.20.pdf>
United Nations General Assembly (2001). Note by the Secretary-General on the Question of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (A/56/156), paragraph 24. <http://www.un.org/documents/ga/docs/56/a56156.pdf>
2 The human rights that can be affected by these practices include, among others, the right to life, to personal integrity, to privacy, to equality before the law, to personal liberty, to health, and to benefit from scientific progress.
3 American Psychiatric Association (2000). Therapies Focused on Attempts to Change Sexual Orientation (Reparative or Conversion Therapies):
Position Statement. <http://www.psych.org/Departments/EDU/Library/APAOfficialDocumentsandRelated/
PositionStatements/200001.aspx>
Anton, B. S. (2010). “Proceedings of the American Psychological Association for the Legislative Year 2009: Minutes of the Annual Meeting of the Council of Representatives and Minutes of the Meetings of the Board of Directors”. American Psychologist, 65, 385–475.
<http://www.apa.org/about/governance/council/policy/sexual-orientation.pdf>
Just the Facts Coalition (2008). Just the Facts about Sexual Orientation and Youth: A Primer for Principals, Educators, and School Personnel.
Washington, DC. <http://www.apa.org/pi/lgbc/publications/justthefacts.html>
4 World Health Organization (1994). International Statistical Classification of Diseases and Related Health Problems (10th Revision). Geneva, Switzerland.
American Psychiatric Association (2000). Diagnostic and Statistical Manual of Mental Disorders(4th ed.,text revision). Washington, DC.
5 APA Task Force on Appropriate Therapeutic Responses to Sexual Orientation (2009). Report of the Task Force on Appropriate Therapeutic Responses to Sexual Orientation. Washington, DC. <http://www.apa.org/pi/lgbt/resources/therapeutic-response.pdf>
6 Taller de Comunicación Mujer (2008). Pacto Internacional de Derechos Civiles y Políticos: Informe Sombra.
<http://www.tcmujer.org/pdfs/Informe%20Sombra%202009%20LBT.pdf>
Centro de Derechos Económicos y Sociales (2005). Tribunal por los Derechos Económicos, Sociales y Culturales de las Mujeres.
<http://www.tcmujer.org/pdfs/TRIBUNAL%20DESC%20ECUADOR%20MUJERES.pdf>
7 See General Comment No. 14 by the Committee on Economic, Social, and Cultural Rights with regards to the obligation to respect, protect and comply with human rights obligations on the part of States parties to the International Covenant on Economic, Social, and Cultural Rights.
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1 Human Rights Committee (2008). Concluding Observations on Ecuador(CCPR/C/ECU/CO/5), paragraph 12.
<http://www2.ohchr.org/english/bodies/hrc/docs/co/CCPR.C.ECU.CO.5.doc>
Human Rights Council (2011). Discriminatory Laws and Practices and Acts of Violence Against Individuals
Based on Their Sexual Orientation and Gender Identity (A/HRC/19/41), paragraph 56. <http://www.ohchr.org/Documents/HRBodies/HRCouncil/RegularSession/Session19/AHRC-19-41_en.pdf>
Human Rights Council (2011). Report of the Special Rapporteur on the Right of Everyone to the Enjoyment of the Highest Attainable Standard of Physical and Mental Health (A/HRC/14/20), paragraph 23.
<http://www2.ohchr.org/english/bodies/hrcouncil/docs/14session/A.HRC.14.20.pdf>
United Nations General Assembly (2001). Note by the Secretary-General on the Question of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (A/56/156), paragraph 24. <http://www.un.org/documents/ga/docs/56/a56156.pdf>
2 The human rights that can be affected by these practices include, among others, the right to life, to personal integrity, to privacy, to equality before the law, to personal liberty, to health, and to benefit from scientific progress.
3 American Psychiatric Association (2000). Therapies Focused on Attempts to Change Sexual Orientation (Reparative or Conversion Therapies):
Position Statement. <http://www.psych.org/Departments/EDU/Library/APAOfficialDocumentsandRelated/
PositionStatements/200001.aspx>
Anton, B. S. (2010). “Proceedings of the American Psychological Association for the Legislative Year 2009: Minutes of the Annual Meeting of the Council of Representatives and Minutes of the Meetings of the Board of Directors”. American Psychologist, 65, 385–475.
<http://www.apa.org/about/governance/council/policy/sexual-orientation.pdf>
Just the Facts Coalition (2008). Just the Facts about Sexual Orientation and Youth: A Primer for Principals, Educators, and School Personnel.
Washington, DC. <http://www.apa.org/pi/lgbc/publications/justthefacts.html>
4 World Health Organization (1994). International Statistical Classification of Diseases and Related Health Problems (10th Revision). Geneva, Switzerland.
American Psychiatric Association (2000). Diagnostic and Statistical Manual of Mental Disorders(4th ed.,text revision). Washington, DC.
5 APA Task Force on Appropriate Therapeutic Responses to Sexual Orientation (2009). Report of the Task Force on Appropriate Therapeutic Responses to Sexual Orientation. Washington, DC. <http://www.apa.org/pi/lgbt/resources/therapeutic-response.pdf>
6 Taller de Comunicación Mujer (2008). Pacto Internacional de Derechos Civiles y Políticos: Informe Sombra.
<http://www.tcmujer.org/pdfs/Informe%20Sombra%202009%20LBT.pdf>
Centro de Derechos Económicos y Sociales (2005). Tribunal por los Derechos Económicos, Sociales y Culturales de las Mujeres.
<http://www.tcmujer.org/pdfs/TRIBUNAL%20DESC%20ECUADOR%20MUJERES.pdf>
7 See General Comment No. 14 by the Committee on Economic, Social, and Cultural Rights with regards to the obligation to respect, protect and comply with human rights obligations on the part of States parties to the International Covenant on Economic, Social, and Cultural Rights.
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