homosexuality

Supreme Court and Same-Sex Marriage

This past Wednesday, The Supreme Court of the United States weighed in on same sex marriage issuing two decisions, one dealing with a portion of the Defense of Marriage Act (DOMA), the other with California’s Proposition 8. As is frequently the case, especially given the divisions within the Court, advocates on both sides of the debate are expressing some disappointment.

In the case of DOMA, the Court decided that the federal government must grant to married homosexual couples the same benefits its accords to married heterosexual couples. This is a victory for same sex couples and a defeat to those who oppose same sex marriage. However, while effectively gutting DOMA, the court did not strike down the entire law. Its decision does not force states to recognize same sex marriages performed in other states.

In the case of Prop 8, the court determined that the plaintiffs had no standing to bring the suit to the Supreme Court, leaving intact the lower court decision that Proposition 8 is unconstitutional. This is at least a temporary victory for gay rights in California, and a defeat for opponents of same sex marriage. At the same time, it does not guarantee a right to same sex marriage in all 50 states. Instead, it leaves in place the right of individual states to ban same sex marriage.

No one should be surprised at the response of the religious extremists—today’s prophets of doom—who anticipate a continuing wrath of God. Reiterating comments I made for
Effie Magazine, “These two decisions are neither harbingers of a godless nation, nor reflections of a religious demise already in progress.”

The fact that people on both sides are displeased, should not suggest that the court was wise or balanced in rendering its judgments. Something more serious is in play. The Supreme Court displayed a disquieting lack of courage in its decisions. Not unlike Congress, the Court is incapable of leading. Worse, still, the Court seemed unwilling to live up to its most basic duty of guaranteeing equality and justice for all.

Whatever one’s positions on states’ rights, the U.S. Constitution stands as the foundation of equality, with the Supreme Court its guarantor. Individual states frequently enact laws that are determined to be unconstitutional; laws driven by principles based on differing faith or denominational values. However genuine these values, the United States is not a theocracy. The Constitution guarantees both freedom
of and freedom from religion.

In previous generations a commonly held belief was that blacks were either not human, as in the case of slaves, or at least not 100% human. Pains were taken to root these ideas in religious values and, ultimately, distorted interpretations of the Bible.

Today there are those who make the same claims about homosexuals. Every time some religious fanatic claims that homosexuality is unnatural or contrary to God’s plan, they are disguising the same kind of prejudices that denied all races equality under the law. Again today, individual states codify those prejudices in discriminatory laws. The fact that they root their claims in religious morality, merely discredits both faith and the law.

I am reminded that it was not until 1967 that a truer and more honorable Supreme Court invalidated all laws outlawing inter-racial marriage. Such laws are unconstitutional. I hope we do not have to wait until 2067 for a more courageous and faithful Supreme Court to invalidate laws opposing same sex marriage.

Our independence was declared on this simple, yet profound, principle: “We hold these truths to be self-evident, that all men are created equal…”
Comments

Time's Up! Law, Morality and Religion

It seems as though every aspect of life has been partitioned into an “us” v. “them” mentality. The most obvious example is black v. white--most obvious because it is so visually demonstrative. It has become the absolute metaphor for good versus evil, and right versus wrong. This is fine as far as it goes, but most of us do not live in an absolute world. Our lives are tinted by shades of gray.

The problem intensifies when we start applying that analogy to the real world, assigning goodness and evil to other people simply because they are different from us. This is particularly odious in the areas of morality and religion. And, no. They are not the same.

Moral values transcend religion in the same way that God transcends religion. To some that may seem incongruous, but the simple truth is that both God and morality existed prior to any concept of religion. Wrapping morality into one’s religious ideas, at least trying to make them synonymous, is an exercise in futility. It is certainly futile when one is in search of truth. At the same time, it is quite successful in creating a simplistic view for the simple-minded. But that has its own drastic consequences.

Several generations of white people believed that blacks were inferior. Some ignorant people still do. Who knows the actual root of such prejudice? Perhaps it was rooted in the economic and structural development of the Western world. But did such advances make the West more civilized? I suppose it depends on how one defines civilization. One thing is clear: The resulting prejudice defiled religion as believers sought to justify their bigotry in their faith.

A similar kind of discrimination occurred with women. In fact, choose your group and there is a prejudice to match. Many people of faith have continually twisted their thinking into knots to justify bigotry that has no rational foundation. And they have managed to complicate the matter even further.

Recently, people of religion have been making louder and louder claims to be the guardians of morality. Almost without exception, these claims to moral superiority are rooted in their religious values--values that are neither absolute nor universal.

Today, the U.S. Supreme Court heard arguments for and against same-sex marriage. There is nothing inherently immoral about same-sex marriage, nor about homosexuality itself. The morality exists only by way of social construct. And those constructs, like all moral values, differ from one society to the next and are always in a state of flux or evolution between generations.

To claim that religion determines morality is like saying religion determines God. Wait a minute. That is exactly what many believers do! They can only accept and believe in a God who conforms to beliefs they already hold. They are not about to be challenged by God. By extension, they can only accept people who believe and act the same way they do.

How else to explain the absurd refusal of some fundamentalist Jews to recognize a non-Orthodox marriage? How else to explain the absurd claim by Christian fundamentalists that non-Baptized people are going to hell? How else to explain the absurdity of Muslim fundamentalists who say that a person who converts from Islam should be put to death? How else to explain the religious belief that same sex couples cannot marry—a religious belief with a very uncertain ground in truth and no claim on the mind or heart?

Enter the law. One of the beauties of the Declaration of Independence and the Constitution are that they are not based in any religious tradition. The Declaration transcends faith, at least beyond the general acknowledgment that certain unalienable rights are bestowed by God. The Constitution transcends the contextual limitation of social morality, at least insofar as those same unalienable rights are inherent in being human.

The result of the American experiment in democracy is that law is the all important and ultimate measure of our society. Neither morality nor religion can make that same claim. A certain credit must be given to those who vociferously claim that God is being pushed out of public life, schools, etc. They have managed to distract many people from the truth. Many people, but not the courts. So a certain gratitude also must be expressed to those judges that have consistently held that God does not belong in public life and schools. The United States is not run on Christian or any other religious principles.

In this country the law is the foundation of our society. It should not be capricious, nor should it be dictated to by religious whim. Our Declaration of Independence states that all are created equal and endowed with rights. The rights mentioned are not meant to be all-inclusive. What is all-inclusive is the all people have these rights.

I disagree with the religious position of the anti-gay movement. It is a skewed and false reading of the Bible. But it does not matter. The United States is not a country based on the Bible, and that is a good thing. It is a country based on the law.

All people have a right to marry, black and white, gay and straight. I would like to believe that anti-gay is the last great prejudice to be overcome by our society. History suggests that as soon as we succeed, something else will spring up in its place. There will always be those people who seek to cast a black
v. white, a good v. wrong pall over the world of gray that is human life.

For now, times up! In the United States of America, law, justice and equality trump religion. Thank God! And thank the Founding Fathers!
Comments

We Have a Pope!

In Latin, “Habemus Papam”. These are the words the whole Catholic world has been waiting to hear. But hold on. This is not a futuristic blog. As of this hour, the conclave has not yet convened; the new pope has not been elected. And, no. I do not know who he will be. However, this much is clear. When the world hears those two Latin words proclaimed from the Vatican, the Catholic Church will either change, or die.

Much has been written (including by this author) about the regression of the church under the leadership of the last two popes, John Paul II and Benedict XVI. The issue, though, is not whether the church continues its backward movement. The real question is whether or not the institutional church still has vision; whether or not the new pope has the ability to see. Period.

There is a common misperception, particularly among Catholics, that the church never changes--that it has been the same for more than two thousand years, and that this is reflected in its teachings. This contributed to the difficulty many people had with accepting the Second Vatican Council. The truth, however, is that the church is like the rest of life, at least in this regard: Change is the only constant.

Even in the last 30 years, the church has been changing, albeit in a reversal of the classic two-step dance. The Catholic version has been two steps backward, one step forward. That dance has been inching the Catholic Church into irrelevance, and the proclamation of the Gospel has suffered. A sober judgement is that John Paul II and Benedict XVI failed in their efforts to lead. At least in sum. On individual issues, they succeeded, sometimes even advancing cogent arguments, most notably on issues of social justice.

They also attempted to distinguish the Christian Faith--specifically the Catholic Church--from other religions, contending against a relativistic attitude toward religion and arguing that all religions are not equal; that they are not merely different pathways to the same goal. That position is debatable, but both popes presented sustainable arguments for discussion.

Their failure occurred primarily in the internal structure of the Church and in their inability to recognize the overlap of that structure with the reality of the outside world. In an ongoing attempt to shore up papal power they entrenched themselves in authoritarianism. In the process they sought to stifle discussion and creative thought. The role of women serves as example.

At a Wednesday audience, John Paul II made the declaration that the question of women priests was decided. Therefore, further discussion was to end. That was a stroke of arrogance that made even this writer blush. No one, not even the Pope, has the authority to tell people what they can and cannot talk about and certainly not what they can or cannot think. That is a viewpoint more becoming of dictators and despots than of popes.

A second example is homosexuality and the turning of a blind eye to science. The overwhelming scientific evidence supports the idea that homosexuality is part of God’s creative process, not a moral choice. The Catholic Church possesses a rich and unequaled heritage in scriptural scholarship and biblical interpretation. Yet sadly, the area of sexuality (both hetero and homo) is an aberrant example of literalism. Particularly on the issue of gay rights, the church’s arguments are not supportable. Although many people are uncomfortable with the idea of homosexuality, that bias is rooted primarily in prejudice and ignorance. Not to mention resistance to the Holy Spirit.

The world as a whole is moving toward more democracy and greater transparency. The Catholic Church must embrace elements of both if it wants to continue being a voice for truth; if it wants to continue to proclaim the Gospel of Jesus Christ to a divided world. So...

Habemus Papam. Maybe. The words themselves will mean nothing if the new pope cannot see--an ability that should be a pre-requisite for electing anyone pope.

Habemus Papam. If. The new pope no longer ignores one half of the world’s population--women.

Habemus Papam. If. The new pope recognizes the hand of God in all elements of creation.

Habemus Papam. If. The new pope recognizes the presence of Jesus in every human being.

Habemus Papam. If. The new pope does not attempt to control everyone’s life--especially in the bedroom.

Habemus Papam? Maybe.
Comments

A Duplicitous Catholic Church

OK. Now that I have your attention, let me hasten to say that not everything in the Catholic Church is dishonest, deceitful or duplicitous. But then we have the Archdiocese of Denver and its actions toward an innocent preschooler. The child in this case has two mommies. Many children do, usually the result of divorce. In this case, the child's mothers are living together in a homosexual relationship.

The official statement of the Denver Archdiocese reads, in part, "Homosexual couples living together as a couple are in disaccord with Catholic teaching." The absurdity of using that statement to justify discrimination leaves one wondering where to begin a response. Whatever one might think about Archbishop Chaput and his ultra-conservative theology is quite beside the point. However, what is directly on point is that the Archbishop is applying Church teaching selectively, targeting only gay couples, and that, simply put, is an abuse of authority.

This is not the first time that the issue of homosexual parents has arisen in regard to a Catholic school in the United States. What is very troubling is that no one takes the authorities to task for decisions that are at least as immoral as the acts that they claim to condemn. I suppose the average Catholic would assume that an Archbishop knows what the teaching of the Catholic Church is. In the case of Archbishop Chaput, they would be wrong--or at least greatly misled.

I hope this does not sound simplistic, but the Catholic Church has a serious problem with sex--any kind of sex--outside of Church-sanctioned marriage. Ironically, that is where most sex actually takes place in the real world! But the teaching of the Catholic Church states that sexual activity is reserved for legitimately married couples--"couple" being understood as a man and a woman. That means that anyone engaging in pre-marital or extra-marital sex is sinning, as are those Catholics who are married outside the Church. This latter group includes those in a first marriage as well as though who are divorced and remarried civilly. In all these cases, a couple is "in disaccord with Catholic teaching." Let's not even begin to look at other teachings such as contraception. So this begs the question, why does not the Archdiocese of Denver also deny enrollment to children whose heterosexual parents are not married, or are married outside the Church?

I am not endorsing such a policy, although I am sure that some bishop, somewhere thinks it is a good idea. To stave off such nonsense, it is worth noting historically that marriage was only first declared a Sacrament by Pope Innocent III in 1208, affirmed by the Second Council of Lyons in 1278 and finally defined by the Council of Trent in 1563. It was not until Trent that the Church claimed jurisdiction over marriage and required couples to marry before a priest. For some 1500+ years, the Catholic Church was quite content for couples to marry civilly and be done with it. Admittedly, laws change. But this brief history calls into question the wisdom of the Church's approach to sex and marriage.

In spite of the fact that the Catholic Church has a major problem with sex outside of marriage, it has a particular problem with homosexuality. No one has, or ever will accuse Archbishop of Chaput of progressive thought. They would be hard-pressed just to make the case that he is even-handed, or to assign him that most treasured of intellectual gifts, integrity. Then again, maybe he really does believe that homosexuality is wrong. Otherwise, one is left to wonder if his attack on this innocent child is not simply a gross example of pandering to the conservative elements of the American culture wars.

To begin with, no child can be held accountable for the actions of its parents. There was a time when society used to look with accusation upon children who were born out of wedlock, even coining a terribly derogatory term to describe them--"bastard". That remained in force until legitimately-born adults claimed it as their own self-identity! In the same way, children are not responsible if their parents are homosexual. Such children can, however, be grateful that they are being raised in a loving home. And if the Scriptures are correct that "Out of the mouths of babes..." then these children have much to teach their archbishops. How ironic that the school in question is named "Sacred Heart of Jesus", a symbol of God's love for all people!

There may be something darker and more sinister going on here, however, than mere authoritarianism. While the Catholic Church teaches that homosexuality is disordered, and homosexual acts are sinful, it does not actually condemn anyone for being gay. On the other hand its teaching leads gay Catholics to develop a kind of self-loathing, not unlike what many minority groups have experienced over centuries of oppression and abuse. Like minorities, homosexuals have come to realize that they cannot change who or what they are. Like race and ethnicity, homosexuality is a creation and a gift of God.

Of particular note in the Catholic Church are bishops who, over the last several years have been exposed as homosexuals. With that revelation comes the reality that there are even more gay bishops who are required to teach a discredited theology. What kind of self-loathing must they experience as they are pushed into closets of shadow and seclusion? When one considers the insensitivity of the Church to its own leaders, perhaps it is not surprising that discrimination embeds itself in places like Sacred Heart School. Perhaps, not unlike Jesus, it will be the suffering of a child that moves the Catholic Church to reject evil and discriminatory policies that oppress the innocent and bring ridicule upon the Church.
Comments