Verghese V Joseph –
In light of the ongoing Supreme Court hearings on same-sex marriages, the Bioethics Forum of the Conference of Catholic Bishops of India (CCBI) recently came up with a paper presenting the Catholic Church’s position on the issue.
The paper was prepared by Rev Dr Christopher Vimalraj Hiruthya, Director CCBI Bioethics Forum; Dr Mario Vaz, Professor of Physiology and Member of the CCBI Bioethics Forum; Rev Dr Charles Davis, Member of Pontifical Academy for Life and Dr Olinda Timms, Member of the Pontifical Academy for Life.
As of now, India stands at a juncture where the Supreme Court of India is hearing petitions to allow same-sex marriages in India. The top court formulated a constitution bench consisting of Chief Justice D.Y. Chandrachud, Justice Sanjay Kishan Kaul, Justice S. Ravindra Bhat, Justice Hima Kohli, and Justice P.S. Narasimha on April 17, 2023. It started to hear these petitions for final arguments on April 18. The Central Government’s view on this matter has been very clear and evident via the affidavits filed in the court: it opposes same-sex marriages and is of the view that there can be no marriages other than heterosexual marriages.
This CCBI document, written in two parts, deals with the Church’s teaching on homosexuality and addresses the ethical evaluation of recognition of same-sex partnerships as marriages in the light of Catholic Church teaching. This paper has consciously not discussed the ethical evaluation on the issue adoption of children.
Church’s Teaching on Homosexuality
The Church does not accept that the fundamental identity of a person is grounded on the person’s sexual orientation as ‘homosexual’ or ‘heterosexual’. The words ‘gay’ and ‘lesbian’ are not used to define persons who experience same-sex attractions, in the Church’s official teaching. Every human person, regardless of his or her sexual preferences, is a unique and irreplaceable gift of God; having an indispensable and fundamental identity of being created in the image and likeness of God.
The Church has endorsed a pastoral approach acknowledging that there are some persons whose homosexual tendencies are due to innate instinct, or a psychological constitution, which is of a permanent nature. The Catechism of the Catholic Church has acknowledged that the number of persons who have deep-seated homosexual tendencies is not negligible.
Furthermore, the Catechism clearly indicates, “They must be accepted with respect, compassion, and sensitivity. Every sign of unjust discrimination in their regard should be avoided.”
There are many in the Church who believe that Pope Francis has softened the approach to the LGBTQIA+ community with the comment, “If a person is gay and seeks God and has good will, who am I to judge?”
Hence, it is encouraged that bishops, priests, deacons, religious men, and women undertake the task of fostering a culture that is free from homophobia. By doing so, they can work towards transforming the Christian community into one that is compassionate and understanding towards the needs of those who might be grappling with their sexual orientation. The Church is even aware of people who “conclude that their tendency is so natural that it justifies in their case homosexual relations with sincere communion of life and love; analogous to marriage, insofar as such homosexuals feel incapable of enduring a solitary life.”
This acknowledgment is in itself significant, although the Church offers disinterested friendship and celibacy as an ethical response. Notwithstanding such an acknowledgement, the Church has cautioned that no pastoral approach should include moral justification of the homosexual act. The ethical approach to homosexuality is vexatious and has often caused polarisation of theological positions. The Holy See has acknowledged the same in a letter to the bishops of the Catholic Church, the paper stated.
In addition, the Holy See concedes that there are a number of people, even within the Church, who bring enormous pressure on the Church to accept the homosexual condition as a normal variant of human sexuality and to condone homosexual acts. However, the Church has clearly espoused the inadmissibility of homosexual acts as morally acceptable. The moral teaching of the Church calls for a differentiation between homosexual acts and homosexual tendencies or orientation. There is nothing sinful in a person whose sexual preference is for the same sex, although such preference is described as disordered. A considerable number of people who experience same-sex attraction experience it as an inclination that they did not choose. This raises the question of whether or not a homosexual inclination can be changed with the help of some kind of therapeutic intervention. There is currently no scientific consensus on the cause of homosexual inclination nor is there any consensus on therapy. Catholics who experience homosexual tendencies and who wish to explore therapy should seek the assistance of a qualified professional who has training and competence in psychological counseling, and who understands and supports the Church’s teaching on homosexuality, the document mentioned.
According to the paper, the Church does not accept that the genesis of homosexuality is clearly understood or explained; neither does the Church accept that a homosexual person lacks freedom of choice.
Beyond the application of laws and principles, Pope Francis has called on members of the Church not to become “‘harsh judges” but “to offer everyone the life of Christ.”. He clearly warns Christians not to be concerned with being at the centre and “caught up in a web of obsessions and procedures.” He cautions the Church that our consciences ought to be disturbed by the fact that so many of our fellow human beings are “living without the strength, light, and consolation born of friendship with Jesus Christ, without a community of faith to support them, without meaning and a goal in life.”
Following the decriminalization of homosexuality in India, proponents of LGBTQIA+ issues have now petitioned the Supreme Court for civil recognition of same-sex partnerships, and the right to marry and adopt children. Pope Francis has clearly enunciated in his teaching and in that of the Synod of Bishops on Family that, “as for proposals to place unions between homosexual persons on the same level as marriage, 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.”
The early Christian writers have also held the same teaching. This does not mean that homosexuals are completely disordered: “It is crucially important to understand that saying a person has a particular inclination that is disordered is not to say that the person as a whole is disordered. Nor does it mean that one has been rejected by God or the Church. Because of this, acting in accord with such an inclination simply cannot contribute to the true good of the human person.
Nevertheless, while the particular inclination to homosexual acts is disordered, the person retains his or her intrinsic human dignity and value. Furthermore, it is not only sexual inclinations that can be disordered within a human person. Other inclinations can likewise be disordered, such as those that lead to envy, malice, or greed. We are all damaged by the effects of sin, which causes desires to become disordered. Simply possessing such inclinations does not constitute a sin, at least to the extent that they are beyond one’s control. Acting on such inclinations, however, is always wrong.”
Sexual complementarity of masculine and feminine is the natural order in which the normal development of children takes place in the family. The upbringing of children in a same-sex context would result in these children being denied the experience of a father or mother. The best interest of the child may be compromised as the impact of same-sex childrearing is unclear. Furthermore, it is important to acknowledge that the institution of family pre-dates society itself, and society relies on the family for its continued existence. The recognition of homosexual unions as legally equivalent to marriage would inevitably lead to a redefinition of marriage, removing its essential connection to factors such as heterosexuality, procreation, and child-rearing.
Granting homosexual unions the same legal status as marriage and the family would be an arbitrary action by the State, contradicting its obligations and responsibilities. It is crucial to recognize the unique role and purpose of marriage in society and refrain from arbitrarily altering its meaning and significance.
In a documentary, Pope Francis expressed his belief that same-sex couples should be allowed to have “civil unions” for legal purposes such as inheritance of properties and decision-making in medical interventions. However, it is important to note that Pope Francis also approved a press release by the Congregation for the Doctrine of the Faith (CDF), stating that the Catholic Church cannot bless same-sex marriages. The press release emphasizes the Church’s sincere desire to welcome and accompany homosexual individuals and provide them with support and guidance in understanding and following God’s will in their lives. The CDF’s response makes a clear distinction between the individuals involved and the concept of a union. The negative response to blessing a union should not be interpreted as a judgment on the individuals themselves, the note added.