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  * Civil Same-Sex Marriage: A Catholic Affirmation
Civil Same-Sex Marriage: A Catholic Affirmation
Many Catholic contributions to the debate over civil same-sex marriage are too broad or too narrow. Too broad: civil same-sex marriage is sometimes described as parallel to same-sex marriage in the Church. Too narrow: some Catholic contributions to the discussion have centered on reproductive capacity, ignoring Catholicism's rich tradition which values marriage beyond procreation. Here, I consider Catholic moral tradition on civil law: civil law is approached in light of the common good, expressed in contemporary societies in terms of equal civil rights. Second, I examine magisterial contributions to the public debate, which are framed in terms of a reading of natural law based in the Scriptural interpretation of Pope John Paul II. Such religious arguments may serve as normative for marriage within the Church, but do not reflect Catholic norms for civil law. Finally, I offer reasons Catholics might advocate civil same-sex marriage.
CIVIL SAME-SEX MARRIAGE: A CATHOLIC AFFIRMATION
Should same-sex couples be allowed to marry civilly? This question has provoked an emphatic response from the Roman Catholic hierarchy in the US and elsewhere. The United States Conference of Catholic Bishops (USCCB) declared in 2009 that recognizing same-sex marriage threatens the human dignity of us all. They wrote:
These are strong words. However, I believe that many Catholic contributions to the public debate on this topic so far are both too broad and too narrow. First, too broad: civil same-sex marriage is too often described as parallel to same-sex marriage in the Church. Here I am not talking about decisions of Catholic authorities regarding sacramental marriage in the Church, but in the civil sphere only. In Catholic tradition, we see civil law as distinct from the natural law, and not amenable to the same range of criteria as Church law, where natural law, revealed truth, and tradition all play a role. Our participation in public policy advocacy should reflect Catholic norms for civil law. As I will explain, Catholic tradition since Thomas Aquinas holds that civil law cannot contradict the natural law, (both of which participate in the Eternal law, the truth as it exists in the mind of God.) At the same time, the civil law does not reflect the whole of the natural law, but encodes those aspects of the
Second, too narrow: much of the Catholic contribution to the public discussion on same-sex marriage has centered directly or indirectly on the reproductive capacity of same-sex couples. Our tradition is broader than this, and celebrates the deeper human meaning of marriage as a loving partnership of life and love whether or not there are children. The goods of marriage beyond reproduction are important in considering civil marriage as well as marriage within the Church. Our public voice should represent the richness of Catholic tradition on marriage, not only our deep appreciation for procreation.
I will proceed in three steps: first, I will briefly explore the distinction between natural and civil law. Second, I will examine the grounds on which the USCCB opposed civil recognition of same-sex marriage, in light of recent magisterial teaching. Finally I will present a case in favor of legal recognition of such relationships. Why might Catholics not merely tolerate but advocate civil recognition of same-sex marriage? [2]
2.Why Same-sex Marriage is Disallowed in Catholic Teaching
The USCCB's "Marriage, Life and Love in the Divine Plan" lays out the magisterial case against same-sex marriage in terms of the natural law. The bishops say that 1) such unions do not reflect the natural complementarity of male and female partners in marriage, and 2) they do not result in biological offspring of both partners. The text states: "Male-female complementarity is intrinsic to marriage. It is naturally ordered toward authentic union and the generation of new life. "(USCCB, 22) The bishops seem to regard these two statements as equivalent, that is, same-sex couples do not achieve authentic union because they are not biologically reproductive. This reflects a shift in Catholic teaching. Let's trace this development.
The Congregation for the Doctrine of the Faith on Civil Same-Sex Marriage
Third, same-sex marriage is unacceptable because it would not be heterosexual, especially in that same-sex couples neither produce nor rear children: "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." (CDF, 2003, 8.)
3. What is marriage for? Same-sex marriage in light of the common good
These multiple personal and public-health benefits, including goods of character such as commitment and responsibility, are matters of the common good, conducive to the flourishing of all in society. Given those goods, let's look again the criteria on the basis of which same-sex marriage is rejected by magisterial leaders: the reproductive capacity and heterogenital complementarity of straight couples.
I would add the legal stabilization of households in which children are raised to the benefits noted by the bishops. Denying legal status to same-sex marriages will not prevent same-sex couples from raising their children--it will only make the children raised by them vulnerable to potential instability. In situations ranging from signing of field-trip permission slips to medical emergencies, and in situations in which one partner dies before the other has been able to adopt the children, kids are put at unnecessary risk if their parents' relationships are not recognized in civil law.
Male-female complementarity underlies recent magisterial teaching on same-sex marriage. While homosexual inclinations [7] are still regarded in Church teaching as "objectively disordered," this Thomistic description refers to the capacity for reproduction. Thomas Aquinas called gay sex acts unnatural because he thought sex was primarily for reproduction. To have an objective disorder is to have the object of one's sexual attraction be a non-reproductive partner. Likewise, homosexual acts are called "intrinsically evil" because they cannot be reproductive.
Advocating for the civil recognition of same-sex marriages, even if the Church rejects such couples at its own altars, reaffirms the Church's demand that all people in our society be treated with equal respect. Conversely, when people are told that their intimate relationships of life and love are a "threat to the very fabric of society," it contributes to a sense that gay people should be, at the very least, shunned as dangerous pariahs. If homosexual orientation were chosen or changeable, or if harm to one's partners or children followed from homosexual sex, the question would change. But as it is, the denial of same-sex civil marriage gives the appearance of unreasonable bias, which is too often translated into personal abuse and toleration of systemic harassment, which the Church rejects.
In this essay, I have offered a case for a Catholic affirmation of civil same-sex marriage. Magisterial opposition to same-sex marriage centers on the question of gay couples' capacity for reproduction, which is read through the lens of John Paul II's Theology of the Body, according to which reproduction reveals a deeper truth about men and women. However, those insights lack scientific and experiential support, and are far from universally acknowledged. Reproductive capacity is not absolutely required even for marriage within the Church, nor has it been required of civil marriages by the Church.
10 Responses to Civil Same-Sex Marriage: A Catholic Affirmation
[...] A new theological argument in favor of Catholic support for civil same-sex marriage is being published today on Bondings 2.0.  The article is written by Professor Lisa Fullam, an associate professor of moral theology at the Jesuit School of Theology at Berkeley, California.   You can access the full text of the article on its own page by clicking here. [...]
THANK YOU! Wonderfully argued and educational. I learned a lot from this compilation and overview. Andre Guindon OMI, a Canadian, (deceased) wrote extensively on sexual ethics esp. "The Sexual Creators". He argues the we should look more broadly at procreation and see it as a part of sexual and personal "fecundity". This approach is helpful here. Our theology of marriage is not the problem. What is the problem, is that it needs a wider vision. Understanding the fullness of life as "fecund" might help this wider vision re recognition of same sex marriage within the Church.
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