Dissent of the Faithful: Roman Catholic Disobedience to Vatican Policy on Contraception

Galen Ostermann Galen is a fourth and final year student enrolled in honours history at McGill University with a minor in international relations. While his past research has focused on such topics as the German resistance movements of the Second World War and the role of sexual violence in the dissolution of Yugoslavia, his honours thesis centres of the development of the Japanese welfare state in the early 20th century. Galen intends to pursue a career in international security and humanitarian law. The Prognosis Ostermann | 27 n 2010, despite a longstanding ban on these different strata into account individual- contraceptives of all kinds within the Ro- ly. For the sake of exploration, this paper will man Catholic Church, Pope Benedict XVI examine elements of change and dissent among Imade a statement that seemed to suggest that three layers of the Church: the papacy and the the Vatican had changed its stance on the use Vatican, a number of dissenting bishops and fi- of condoms as a means of combating HIV/ nally Catholic civil society and the laity more AIDS. In the weeks that followed, an immense generally. amount of speculation swirled around the This paper will show that each of these Pope’s statements, leading many to wonder if layers has engaged in different degrees of dis- the Church was experiencing a reformation of sent on the issue of condoms as a means of com- sorts. One online publication went to far as to bating HIV/AIDS. First and foremost, despite say that “Pope Benedict XVI has now reversed claims that in 2010 that Benedict XVI “reversed the Catholic Church’s long-standing position the Catholic Church’s long-standing position with regard to the use of condoms to combat with regard to the use of condoms” (Deutsche the spread of the HIV virus”(Deutsche Welle, Welle, 2006), the papacy and the Vatican have 2006). The importance of this subject is self-ev- maintained the same policy on condoms since ident; a significant number of the world’s 1.2 at least 1965. Far from dissenting, some tradi- billion Catholics live in places that are subject to tionalist elements of the Church have even gone the worst instances of the AIDS pandemic, such so far as to propagate pseudo-scientific myths as Haiti and the Democratic Republic of Con- to control the use of condoms among Catholic go (BBC News, “How Many Roman Catholics”, populations. Secondly, the continuing tradi- 2013). Furthermore, many of these 1.2 billion tionalism of the papacy and the Vatican are in Catholics live their lives according to the teach- clear contrast to the number of notable bishops ings of the pope and their local bishops and who have dissented as of the late 1980s by pos- priests. In light of such controversial uncertain- tulating that in many cases condoms represent ty, it is therefore necessary to explore the pos- an acceptable means of combating HIV/AIDS. sibility of dissent from the traditional Roman Though most dissenting bishops exercised con- Catholic condom policy. Have elements of the siderable restraint on the issue of condoms, Church deviated from the longstanding policies Catholic civil society and the laity have dis- of the Vatican on the issue of condom use? If so, agreed openly and freely, often taking the op- what is the logic and reasoning behind this dis- portunity to confront the Vatican on its state- sent? How does the Catholic laity actually live: ments and policies directly. In fact, lay Catholic according to doctrine or as they see fit? populations all over the world have consistently It is of course erroneous to speak in a ho- dissented from traditional condom policy in listic way about the policies of the Roman Cath- both thought and practice. olic Church, which is a complicated, bureaucra- Vatican II & Consistent Conservatism tized, and hierarchical institution. The division of power, rights, and responsibilities between In some respects, the close of the Second the various layers of the hierarchy means that Vatican Council in 1965 signaled the close of a a discussion regarding the Church must take then-ongoing debate on the use of newly emerg- 28 | Ostermann The Prognosis ing forms of contraception. In December of the same year, the Pontifical Council for the Family, same year, Pope Paul VI released his encyclical led by President Cardinal Alfonso López Tru- titled The Pastoral Constitution on the Church in jillo, issued a statement claiming that “parents the Modern World: Gaudium et Spes (Pope Paul must also reject the promotion of so-called ‘safe VI, 1965). As suggested by the title, the encyc- sex’ a dangerous and immoral policy based on lical letter dealt with a number of issues faced the deluded theory that the condom can pro- by the Church as it was thrust into modernity. vide adequate protection against AIDS” (The Perhaps most significantly, its author was quite Pontifical Council for the Family, 1995). clear in his statement that “sons of the Church The Vatican has made no secret of its may not undertake methods of birth control controversial policies, even in light of a glob- which are found blameworthy by the teaching al health crisis. During the adoption of a joint authority of the Church in its unfolding of the United Nations declaration on HIV/AIDS in divine law” (Pope Paul VI, 1965). The work 2001, a Vatican representative noted that “The makes no other direct reference to the issue of Holy See wishes to emphasize that, with regard birth control, but rather set the tone for Paul’s to the use of condoms as a means of preventing 1968 encyclical, Human Vitae. Unlike Gaudium HIV infection, it has in no way changed its mor- et Spes, Human Vitae concerned itself directly al position” (The Holy See, 2001). Similarly, in with “the Regulation of Birth Control”, stating June of 2011, the United Nations held a conven- clearly that “an act of mutual love which impairs tion on the international AIDS epidemic, where the capacity to transmit life…contradicts the a Vatican representative declared that “the Holy will of the Author of life” (Pope Paul VI, 1968). See does not endorse the use of condoms…as Paul went on to forbid any action or behaviour part of HIV and AIDS prevention programmes” “specifically intended to prevent procreation— (Chullikatt, 2011). whether as an end or as a means” (Pope Paul VI, In 2009, John Paul II’s successor Pope 1968). With these two encyclicals, the papacy Benedict XVI gave an extended interview to a set its standard on the issue of birth control: no journalist on a number of topics. As Benedict artificial means were to be accepted. was travelling to Angola and Cameroon, the Between the proclamation of Human Vi- interviewer questioned him on the Vatican’s tae in 1968 and Benedict’s remarks in 2010, the position on condoms, asking “the position of position of the reigning popes has been char- the Catholic Church on the way to fight [AIDS] acterized by consistent conservatism; there has is often considered unrealistic and ineffective. been no divergence from the opinions of Paul Will you address this theme during the jour- VI on the use of condoms among either popes ney?” (The Vatican, 2009). Benedict replied or the Vatican more generally. In his 1995 en- that “if Africans do not help [by responsible cyclical Evangelium Vitae, the generally conser- behaviour], the problem cannot be overcome vative John Paul II noted that it is “morally un- by the distribution of prophylactics: on the acceptable to encourage, let alone impose, the contrary, they increase it” (The Vatican, 2009). use of methods such as contraception, steriliza- Thus by 2009, the papacy maintained an abso- tion and abortion in order to regulate births” lutely uncompromising position on the use of (Pope John Paul II, 1995). In December of that condoms, even for the prevention of infection. The Prognosis Ostermann | 29 The following year, something happened that Regarding Certain Interpretations of “Light of seemed to destabilize forty years of consistent the World.” Therein, The Congregation for the conservatism. Doctrine of the Faith claimed that “the Holy Fa- A Brief Controversy with an Expected ther was talking neither about conjugal morality nor about the moral norm concerning contra- Outcome ception. This norm belongs to the tradition of In 2010, journalist Peter Seewald conduct- the Church and was summarized succinctly by ed a series of interviews with Pope Benedict XVI Pope Paul VI in paragraph 14 of his Encyclical that he later published in a book titled Light of Letter Humanae vitae (sic)” (Congregation for the World. When questioned on the issue of the Doctrine of the Faith, 2010). The note went condoms by Seewald, Benedict claimed that on to encourage the continuation of “abstinence “there may be a basis in the case of some indi- before and fidelity within marriage” as a means viduals, as perhaps when a male prostitute uses of combating the spread of AIDS (Congregation a condom, where this can be a first step in the for the Doctrine of the Faith, 2010). With this, direction of a moralization, a first assumption Vatican traditionalists quickly aligned Bene- of responsibility, on the way toward recovering dict’s statements with the conservative thought an awareness that not everything is allowed and of Paul VI. Even without such interventions, that one cannot do whatever one wants. But it is it is exceedingly obvious that Benedict’s state- not really the way to deal with the evil of HIV ments did not amount to a “reversal” of the Vat- infection. That can really lie only in a human- ican’s condom policy. His statement refers only ization of sexuality” (Seewald, 2010). A puzzled to a highly specific circumstance and does not Seewald inquired “Are you saying, then, that suggest that condoms are either a “moral” or the Catholic Church is actually not opposed “real” solution, only that they amount to a “first in principle to the use of condoms?”(Seewald, step in the direction of moralization.” 2010). The cautious Benedict replied “She of It seems further that the ambiguity of course does not regard it as a real or moral solu- Benedict’s statement was intentional, perhaps tion, but, in this or that case, there can be none- because the Church condemns all sexual ac- theless, in the intention of reducing the risk of tivity which is not vaginal intercourse between infection, a first step in a movement toward a husband and wife. It seems that Benedict spoke different way, a more human way, of living sexu- in a benign way because he did not want his ality” (Seewald, 2010). The international media perceived endorsement of homosexual activity exploded with controversy; one article went so to appear as an endorsement of homosexuality far as to claim that Benedict had “reversed” the more generally. On the other hand, since male Church’s policy on condoms, (Deutsche Welle, homosexual sex does not contain the potential 2006) as if to say that its entire body of thought to create life, there was no reason to insist on had been unceremoniously discarded with one the use of condoms during homosexual inter- statement. Nothing was further from the truth. action per se. The pope thus skirted a fine line In response to what it considered a stream by suggesting that while homosexual sex is not of inaccurate interpretations, the Vatican pub- moral, its moral character can at least be im- lished a Note on the Banalization of Sexuality proved by the use of condoms so as to prevent 30 | Ostermann The Prognosis the spread of disease. Asia believed the myth of permeable condoms (Bradshaw, 2003). A series of studies conduct- Exaggerated Conservatism ed on Congolese youth between 2004 and 2005 Since the outbreak of HIV, the Vatican has yielded similar results. When questioned on not only refused to compromise on the use of the effectiveness of condoms, some replied that condoms to prevent the spread of HIV/AIDS, “AIDS can pass through the condom and enter” but in some cases has actually propagated pseu- and “it can have little holes” (Bosmans, Ciku- do-scientific myths in an attempt to curb the in- ru, Claeys, & Temmerman, 2006). Because the fluence of governments, institutions, and NGOs Church administered all AIDS treatment and which promote the use of condoms to prevent care facilities in the area, they insisted solely on infection. Thus, far from dissenting, many tra- abstinence and fidelity while rejecting the use ditionalist elements of the Roman Catholic of condoms. In some cases, the C of the A(b- Church under direct influence of the Vatican stinence) B(e faithful) C(Condoms) campaign and Pope have actually resorted to trickery to was simply removed from t shirts, posters, and stem the tide of condom use especially in the calendars (Bosmans, et al., 2006). Perhaps most “developing world.” importantly, the facilities were clear in stating In 1997, a coalition of NGOs, intellectuals, that their policies always conformed to those and politicians in Mexico launched an advertis- of the Church (Bosmans et al., 2006). In short, ing campaign to encourage the use of condoms several conservative elements of the Church, (Hernandez & Luna, 1997). In response, the including bishops and Councils allegiant to Catholic Church launched its own campaign Rome, have not only opposed dissent but have featuring ads on billboards, public transport, actually attempted to reverse the ground gained TV and radio which claimed that condoms have by actors who have promoted condom use as a a 40% failure rate. (Hernandez & Luna, 1997) means of fighting HIV/AIDS. In 2003, the President of the Pontifical Council The Dissenting Bishops for the Family, Cardinal Alfonso Lopez Trujillo said on a BBC television programme that “The Beginning in the late 1980s and amidst AIDS virus is roughly 450 times smaller than a strong wave of AIDS activism in the West, a the spermatozoon. The spermatozoon can eas- steady stream of notable bishops began to make ily pass through the ‘net’ that is formed by the statements and proclamations that deviated condom” (Bradshaw, 2003). considerably from the policies of the Popes and It seems that these claims have had a tan- the Vatican. These bishops generally displayed a gible impact on the beliefs of the global Cath- more lenient attitude on the use of condoms to olic populations and may have even exagger- prevent the spread of AIDS, but were otherwise ated superstition is some cases. Recently, an quite conservative on other issues. So far as this AIDS programme director in Kenya reported research has been able to gather, no bishop or that “some priests have even been saying that clergy member of notable significance has sim- condoms are laced with HIV/Aids” (Bradshaw, ply issued a carte blanche with regard to con- 2003). In 2003, BBC journalists found that doms. Rather, certain bishops have issued lim- Catholic populations in both Latin America and ited proclamations stating that condoms may The Prognosis Ostermann | 31 be used between married couples and those in- tity “should use a condom in order to prevent dividuals who, despite their infected status, are the transmission of potential death to another” almost certain to have sexual relations anyways. (CFC, 2013). Whatever their target audience, every bishop While most dissenting bishops have re- who issued such a proclamation did so under mained unspecific on who may acceptably use the justification of protecting life at the sacrifice condoms, some have focused their desire to of sacred sexuality, seeing condoms as a theo- preserve life on the institution of marriage. In logical “lesser evil.” 2003, the Archbishop of Glasgow, Mario Conti, deemed condoms acceptable for married cou- Protecting Marriage & Protecting Life ples with one infected partner (CFC, 2013). In In 1989, the Bishop of Evreux claimed that 2006, a Cameroonian Bishop, Christian Tumi, the Vatican’s failure to recommend the use of remarked that “if a partner in a marriage is condoms in the fight against AIDS amounted infected with HIV, the use of condoms makes to a violation of the commandment that “thou sense.” In 2006, former Milanese Archbishop shalt not kill” (Catholics for Choice [CFC], Carlo Martini similarly claimed that condoms 2013). This statement seems to have set off a were acceptable in “the particular situation of general domino effect among bishops through- spouses, one of whom is infected with AIDS. out the Church, some of whom began to speak The infected one is obligated to protect the oth- publicly in support of condom use as a means of er partner” (Sandro, 2006). Though these re- preventing transmission. In 1993, Archbishop strictions to married couples are conservative André Collini of Toulouse claimed that an in- in nature, they nonetheless represent dissent- fected person engaging in sexual activity “does ing views by sanctioning condom use when the not have the right not to use a condom” or else conception of life would otherwise be possible, becomes “an agent of death” (CFC, 2013). The thus differentiating them from the 2010 state- Social Commission of the French Hierarchy, ments of Benedict. the Church’s highest social authority in France Do the Bishops’ Statements Constitute Dissent? issued a report on AIDS in 1996 which stated that “many competent doctors affirm that a con- It may be initially tempting to suggest that dom of trustworthy quality is presently the only there is not much difference between the state- means of prevention. For this reason the use of ments of Benedict in 2010 and those of the var- a condom may be necessary” (CFC, 2013). Stat- ious bishops since 1989. Both the former pope ing their justification, the President of the Cath- and the dissenting bishops all issued relatively olic Committee of French Doctors maintained, vague statements rather than cartes blanches “The Church cannot be against contraceptives, on condom use. However, a close comparison a means of preventing the transmission of of the bishops’ statements to those of Benedict death” (Dorozynski, 1996). Kevin Dowling, the reveals a considerable degree of dissent. Where- controversial and outspoken Bishop of Rusten- as Benedict claimed immediately that condoms berg (South Africa) began his trend of dissent were “not really the way to deal with the evil of in 2001 when he claimed that infected people HIV infection”, Archbishop Collini suggested who did not follow Church teachings on chas- that infected people who fail to use condoms 32 | Ostermann The Prognosis were “agents of death.” Thus, while Benedict has bishops have suggested the acceptability of con- loosely suggested that condom use may amount doms with regard to married couples, unmar- to some degree of responsible behavior, Colli- ried couples, prostitutes, and generally anyone ni mandated that failure to use such was tan- who is infected and will have sexual relations tamount to murder. Such a stark difference in nonetheless (CFC, 2013). The outspoken South language points to two fundamentally different African Bishop Kevin Dowling went so far as positions: one of tradition and one of dissent. to say that Africans “must use condoms” in the Further, the Note on the Banalization of fight against AIDS, without actually stipulating Sexuality Regarding Certain Interpretations of any further requirement for approval (CFC, Light of the World which was issued after Ben- 2013). edict’s famous statements of 2010 clearly stated The Masses in Revolt that “an action which is objectively evil, even if a lesser evil, can never be licitly willed. The In contrast with opinions and statements Holy Father did not say – as some people have of dissenting bishops, certain elements of Cath- claimed – that prostitution with the use of a olic civil society have waged an all-out revolt condom can be chosen as a lesser evil” (Con- against the traditionalist stance of the Vatican. gregation for the Doctrine of the Faith, 2010). Organizations such as the US-based “Catholics By contrast, the dissenting bishops were almost for Choice” have directly confronted the Vati- unanimous in the opinion that condoms con- can’s statements with its own agenda of condom stitute a “lesser evil.” Cardinal Carlo Martini use among the faithful. In 2001, Catholics for was direct in his suggestion that “…the use of Choice launched an advertising campaign in condoms can constitute a lesser evil” (Sandro, the USA, Mexico, the Philippines, South Afri- 2006). Throughout the early 2000s, the bish- ca, Kenya, Chile, and Zimbabwe to counter the ops of Vienna, Paris, Goias and other districts effects of Cardinal Trujillo’s 2003 statements echoed the sentiment on “lesser evil” in their on the permeability of condoms (CFC, “Con- own words (CFC, 2013). As one author has sug- doms4Life”). Certain ads pointed out that as gested, the dissenting bishops “have turned to many as 4,000 bishops lobby national govern- the Catholic tradition and have applied to this ments and the UN to restrict the distribution particular question the principle of the lesser of condoms (CFC, “Condoms4Life”). In 2013, evil…the principle is concerned solely with pre- the organization caused a stir in Kenya over a venting another evil being added to the moral billboard advertisement that featured the mes- wrongfulness of the action.” (Fuller & Keenan, sage “We believe in God. We believe that sex is 2001). In invoking the idea of “lesser evil”, these sacred. We believe in caring for each other. We bishops have dissented by effectively accepting believe in using condoms. Good Catholics Use the exercise of one sin to ameliorate another. Condoms” alongside an embracing heterosex- These bishops’ positions further consti- ual couple. (BBC News, “Kenya Condom Ad- tute dissent insofar that they accepted condoms vert”, 2013). The ad, alongside the rest of the in a much broader array of situations and cir- campaign, drew significant criticism from the cumstances. While Benedict suggested only chairman of the Kenya Conference of Catholic the instance of a male prostitute, the dissenting Bishops, Cardinal John Njue, who attempted to The Prognosis Ostermann | 33 have it removed (BBC News, “Kenya Condom jority”, its dissent is equally as significant. For Advert”, 2013). various reasons, a significant number of Cath- In their own way, the Catholic laity of the olics surveyed directly disagreed with Vatican world has staged its own silent revolt, albeit policy, sometimes going so far as to contradict more tacitly than the dissenting bishops. Recent it outright. Such findings seem to represent an studies show that Catholics all over the world overall historical trend, whereby the tendency have commonly dissented from traditional Vat- for dissent has grown among a laity that sees the ican condom policy in both thought and prac- Vatican as unable to adequately handle the chal- tice. Among Catholic populations in each coun- lenges of modernity. try, 63% of Americans, 60% of Mexicans, 37% Conclusions of Ghanaians, 79% of Irish, and 47% of Filipi- nos felt that the Church’s position on condoms The tendency towards dissent from the should be changed for any reason including the traditional policies of Paul VI corresponds di- AIDS crisis. (CFC, “Catholics Support the Use rectly with the degree of authority possessed of Condoms”). Among Catholic populations in by the actor in question. Those members of the each country, 79% of Americans, 90% of Mexi- Church with the most accountability for the cans, 59% of Ghanaians, 86% of Irish, and 77% spiritual guidance of others have showed con- of Filipinos agreed that “using condoms is pro- sistent conservatism and a reluctance to wager life because it helps save lives by preventing the on new policies. Thus the pope, who Catholics spread of AIDS” (CFC, “Catholics Support the hold to be Christ’s pontiff on Earth, is necessar- Use of Condoms”). In 2000, a study of young ily conservative because his teachings influence Catholics in six Western countries revealed all of the world’s 1.2 billion Catholics. Bishops that nearly all agreed that church teaching on and archbishops, who are responsible for their contraception was “out of date” (Maher, Sev- own districts, have less accountability overall er, & Pichler, 2008). Perhaps most remarkably, and are generally more attuned to the needs of studies conducted by 4 researchers in 1987, their local populations. It is unsurprising that 1993, and 1999 found that over time there was a Bishop Kevin Dowling of South Africa has en- decrease in attachment to the institution of the dorsed the use of contraceptives because he Church and greater reliance on the individual represents a limited spiritual constituency that conscience for sex related issues (Maher et al., has been devastated by AIDS and can be assist- 2008). ed by condom use. As such, the Bishop has en- While the dissenting bishops have taken couraged the use of prophylactics and in doing a conciliatory tone in an attempt to bridge the so has gambled the spiritual well-being of his demands of modernity with traditional Church people by ensuring their immediate physical doctrine, Catholics for Choice has stood up to well-being. Finally, the laity has pursued such the Vatican in opposition while maintaining a a dissident path from traditional policy because connection to the faith. Dissent here has been these individual Catholics are not responsible total, showing little regard for the maintenance for anyone “under them.” They do not face the of traditional relations and views. While the threat of inadvertently causing a schism or dis- laity has embodied the spirit of the “silent ma- rupting the ordered character of the Church. 34 | Ostermann The Prognosis In short, the various degrees of dissent among World. Vatican.Va. Retrieved from http://www. elements of the Church are best described as re- vatican.va/roman_curia/congregations/cfaith/ documents/rc_con_cfaith_doc_2 0101221_luce- flecting the hierarchical structure of the Roman del-mondo_en.html Catholic Church itself. 10. Deutsche Welle. (2006, April). Catholic Church to Ease Ban on Condom Use. DW.DE. 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