A SHORT HISTORY OF OFFICIAL AND SEMI- OFFICIAL PRONOUNCEMENTS BY THE ROMAN CATHOLIC CHURCE ON HOMOSEXUALITY

The Roman Catholic Church’s Struggle With Homosexuality Within In Its Own Ranks-And Its Varying Pronouncements On Homosexuality Over The Ages-Highlight The Need For Ever Greater Tolerance, Respect And Love For All People, Regardless Of Sexual Orientation

www.maalawoffices.com The Author, a practicing Roman Catholic, was one of the lead defense counsel for the Roman Catholic Archdiocese of Los Angeles in the Clergy Sex Abuse Cases.

Summer 2009

Contents Introduction Roman Catholic pronouncements regarding Introduction 2 its condemnation of homosexuality claim to Primary Biblical Proscriptions Cited be founded in the Holy Bible as well as the broader Magisterium of the Church, By The Roman Catholic Church including the writings of Doctors of the Against Homosexuality Church from the first centuries of the Error! Bookmark not defined. Christian era. But on closer examination, Early Church Council Proscriptions we see that the Church‟s views on homosexuality are founded in large part on Against Homosexual Clergy 3 its historical experience with homosexuality Modern Vatican Proscriptions in the ranks of its own clergy and religious. Against Homosexuality 4 Conclusion 11 Rather than focusing on the sinfulness that the Church sees in homosexual acts, the author believes that the Church and the faithful should accept and love, without prejudice or discrimination, all of our brothers and sisters everywhere, in all times and places, no matter what their sexual orientation may be. This is the true message of Christ: that we love one another. And it is the message that too often is hidden in the Church‟s official pronouncements on homosexuality, especially since the Clergy sex abuse scandal commenced in 2001.

Some of these pronouncements are set forth below.

Primary Biblical Proscriptions Cited By The Roman Catholic Church Against Homosexuality

The Genesis account of the destruction of Sodom is the foundational source of the biblical proscription against homosexual activities. Gen. 13:13; 18:20-22; 19:4-8; and 19:24-25 (Sodom story). Prohibitions against homosexual behavior are scattered throughout the Old Testament. See, e.g., Leviticus 18: 22 ("You shall not lie with a male as one lies with a female; it is an abomination."); 20:13 ("If there is a man who lies with a male as those who lie with a

woman, both of them have truth for a lie and have committed a detestable act; they worshipped and served shall surely be put to death. Their creatures instead of the bloodguiltiness is upon them."); Creator, Who is blessed Deut. 23:18 ("You shall not bring the forever. Amen! That is why hire of a harlot or the wages of a dog God has abandoned them to [i.e., a sodomite] into the house of degrading passions; why their the LORD your God for any votive women have turned from offering, for both of these are an natural intercourse to be abomination to the LORD your consumed with passion for God."). each other, men doing shameless things with men The New Testament is equally and getting an appropriate explicit in its condemnation of award for their perversion." homosexual acts. Among the primary citations are I Cor. 6:9 ("Or See also what St. Paul say says of do you not know that the unrighteous "masculorum concubitores" in I Cor. 6:10 will not inherit the kingdom of God? ("Do you not know that the wicked will not Do not be deceived; neither inherit the kingdom of God? Do not be fornicators, nor idolaters, nor deceived: Neither the sexually immoral nor adulterers, nor [an] effeminate, nor idolaters nor adulterers nor male prostitutes homosexuals. .. ."); I Tim. 1:9-10 nor homosexual offenders"). ("[the] law is not made for a righteous person, but for those who Thus, there can be no doubt that are lawless and rebellious, for the Sacred Scripture condemns homosexual ungodly and sinners, for the unholy relations as a serious depravity. and profane, for those who kill their fathers or mothers, for murderers and Early Church Council immoral men and homosexuals and Proscriptions Against kidnappers and liars and perjurers, Actively Homosexual and whatever else is contrary to Clergy sound teaching"). A comprehensive bibliography of early St. Paul, in his Epistle to the Romans Church pronouncements and proscriptions (Rom. 1:24-24), cannot be any against homosexuality is set forth at clearer in his condemnation of www.fordham.edu/halsall/pwh/lgbcathbib1. homosexual acts: html. The texts of several of the decrees of early Church councils relating to "That is why God left homosexuality are translated and printed in them to their filthy Derrick S. Bailey, Homosexuality and the enjoyments and the Western Christian Tradition (London: practices with which Longmans, Green, 1975). they dishonor their own bodies since they Apparently, the first council that addressed have given up Divine homosexuality in a major way was the

Council of Elvira, held early in the Quoted in J. Boswell, "Homosexuality and 4th century at Elvira, near modern Religious Life: A Historical Approach," in Granada. According to the J. Gramick's (ed.) Homosexuality in the Encyclopedia Britannica, it is the Priesthood and Religious Life (New York: first council of which the canons Crossroad, 1989), 12. have survived. Canon 71 condemned clergy who were A century later (in the 5th century), St. "corrupters of boys." Benedict, in his Rule, established similar prophylactic rules designed to discourage St. Basil of Nyssa, in his First homosexual activities among Benedictine Canonical Epistle to Amphilochus of monks: Iconium, (Epist. 117, canon 62), in 375, and St. Gregory of Nyssa, in his "All monks are to sleep in Canonical Letter to Letoius of separate beds. . . if possible, Mytilene (Epist. canonica 4), in 390, they should sleep in one also condemned homosexual acts by room. However, if there are clergy. too many for this, they will be grouped in tens and Saint Basil's writings on twenties, a senior in charge of monasticism emphasized the need to each group. Let a candle avoid situations where ephebophelia, burn throughout the night. i.e., sex between an older man and a They will sleep in their robes. teenaged boy, could occur: . . The younger brothers should not be next to each "It is frequently the other." case with young men that . . . the glowing Quoted in J. Boswell, Christianity, Social complexion of youth Tolerance, and Homosexuality: Gay People still blossoms forth in Western Europe from the Beginning of the and becomes a source Christian Era to the Fourteenth Century of desire to those (Chicago: The University of Chicago Press, around them. If, 1980), 187-88. therefore, anyone in the monastery is St. Augustine reportedly warned his own youthful and beautiful sister about lesbians when she entered the . . . you sit in a chair convent in the year 423. See Michael J. far away from that Maher, "Openly Addressing the Reality: person . . . Do not be Homosexuality and Catholic Seminary found with him either Policies," Religion & Education, Vo. 29, indoors or where no No. 2 (University of Northern Iowa, Fall one can see you 2002). outdoors, no matter how necessary." The Second Council of Tours, c. 14, in 567, decreed that monks must not sleep two to a

bed. Subsequent councils of the Christian Era to the Fourteenth apparently also railed against Century (Chicago: The University of homosexual practices. Chicago Press, 1980).

The first General Council expressly The Council of Paris (1212) and the Council criticizing homosexual acts was the of Rouen (1214) required nuns to have Third Lateran Council in 1179. In separate beds and also required that a lamp canon 11, it is stated: burn all night in their sleeping rooms. See J.C. Brown, "Lesbian Sexuality in Medieval "Whoever is caught and Early Modern Europe," in Duberman, involved in that M., Vicinus, M. & Chauncey, G. (eds.) incontinence which is Hidden from History: Reclaiming our Gay against nature, and and Lesbian Past (New York: Meridian, because of which 'the 1989). wrath of God came upon the sons of Finally, according to the Fordham disobedience' (Eph. University bibliography cited above, various 5:6), and five cities local synods in the 13th century issued were consumed by canons which referred to sodomy: Paris fire (Gen. 14:24-35), 1212[ii.21], Rouen 1214, Angers 1216/19, if they are clerics, Beziers 1246; also constitutions of Fulk they should be Bassest for London 1245/59, Alexander deposed from clerical Stavensby for Coventry, 1224/37, Peter office and placed in a Quinel for Exeter 1287; also Dominican monastery to do statutes, 1238, Carthusian statutes, 1261 and penance; if they are Cistercian statutes, 1279. For all see Michal laymen, they are to be Goodich, The Unmentionable Vice (Santa excommunicated and Barbara, Ca.: ABC-Clio, 1979), 45-46. completely isolated from contact with Modern Vatican Proscriptions believers." Against Homosexuality

It is noteworthy that, while clerics Preliminary research did not uncover any guilty of sodomy were placed in 19th century or early 20th century monasteries to do penance, laymen pronouncements by the Vatican regarding guilty of sodomy were to be homosexuality in general or homosexual excommunicated altogether, a much seminarians in particular. Set forth below harsher sentence. are the specific Vatican-issued or approved pronouncements in that regard from the The Fourth Lateran Council in the Vatican II-era forward. 13th century also condemned sodomy by priests. See J. Boswell, . 1961 -- "Careful Selection and Christianity, Social Tolerance, and Training of Candidates for the States Homosexuality: Gay People in of Perfection and Sacred Orders" Western Europe from the Beginning

The first modern-era proscription by "repeat[s] the Church's doctrine on certain the Holy See against homosexual particular points, in view of the urgent need seminarians that I have located was to oppose serious errors and widespread issued in 1961 (i.e., immediately aberrant modes of behavior." Art. VI. It prior to Vatican II) by the Vatican's reiterates the "Christian doctrine" that Sacred Congregation for Religious, "every genital act must be within the under Pope John XXIII. It is entitled framework of marriage." Art. VII. "Careful Selection and Training of "[D]issolute sexual union defiles the temple Candidates for the States of of the holy spirit which the Christian has Perfection and Sacred Orders." At become." Id. Persons who "judge the time of its publication, the indulgently" or even "excuse completely" documents was referred to by the homosexual relations do so "in opposition to Sacred Congregation for Religious as the constant teaching of the Magisterium "a matter of public law." It and to the moral sense of the Christian apparently was first published in the people." Art. VIII. United States in The Canon Law Digest, Vol. 5, 1963, Bruce In summary, according to the Vatican (circa Publishing Co., Milwaukee. The 1975), homosexual acts are contrary to the document states, in pertinent part, as "objective moral order," are condemned by follows: Sacred Scripture as a "serious depravity" and "even presented as the sad consequence "Advancement to of rejecting God," are "intrinsically religious vows and disordered," and "can in no case be ordination should be approved of." Art VIII. barred to those who are afflicted with evil The Declaration goes on to direct the tendencies to Bishops "to see that a sound doctrine [i.e., homosexuality or about the sinfulness and depravity of pederasty, since for homosexual acts] enlightened by faith and them the common life directed by the Magisterium of the Church is and priestly ministry taught in faculties of theology and in would constitute seminaries." Art. XIII. serious dangers." At the same time, the Declaration . 1975 -- "Persona Humana: distinguishes between homosexuality that is Declaration on Certain transitory or not "incurable" and Questions Concerning Sexual homosexuality that is definitive and Ethics" permanent from an "innate instinct" that is incurable. It affirms that homosexuals must In 1975, Cardinal Franjo Seper, be treated with understanding, that "their Prefect of the Sacred Congregation culpability is to be judged with prudence," for the Doctrine of the Faith, issued a that "no moral justification for acts because "Declaration on Certain Questions of the homosexual condition can be given," Concerning Sexual Ethics." In this and that "we cannot conclude those who official pronouncement, the Vatican

suffer from this anomaly are 'orientation' now allowing of the personally responsible." embrace of an unacceptable 'commitment' to or support of homosexual practices or lifestyles."

. 1985 -- "A Memorandum to "We prefer to distinguish between Bishops seeking advice in practice, orientation and temptation, the matters concerning first two being counter-indications of homosexuality and candidates acceptability. Temptations may involve for admission to Seminary" or depend on orientations, but we prefer to use the word temptation when the In 1985, Cardinal William Baum, behavioural [sic] impulse, inclination or then Prefect of the Vatican's Sacred appetite does not involve the orientation Congregation for Catholic of the kind described above." Education, issued to Bishops in the United States "A Memorandum to . 1986 -- ''Letter to the Bishops of the Bishops seeking advice in matters Catholic Church on the Pastoral Care concerning homosexuality and of Homosexual Persons'' candidates for admission to Seminary." The Memorandum again In 1986, the Vatican's Sacred Congregation emphasizes a strong Vatican position of the Doctrine of the Faith issued its ''Letter against active homosexuals being to the Bishops of the Catholic Church on the accepted into United States Pastoral Care of Homosexual Persons. '' seminaries: This document again clearly identifies homosexuality as a grave disorder: an evil "A candidate for his and depravity. The Congregation for the homosexually active or who Doctrine of the Faith made clear that leads a homosexual lifestyle "although the particular inclination of the (whether he is homosexual or homosexual person is not a sin, it is a more not) is not acceptable [as a or less strong tendency ordered toward an seminarian]." intrinsic moral evil; and this the inclination itself must be seen as an objective disorder." "[L]atent or repressed homosexuality is also a counter- Referring to its "Declaration on Certain indication requiring that the Questions Concerning Sexual Ethics" of candidate not be accepted -- it December 29, 1975, the Congregation would not be faith to the dispelled any possible support for "an overly individual nor to the seminary benign interpretation [being] given to the community." homosexual condition itself." In clarifying and emphasizing its rejection of homosexual "We feel that the distinction that activities as contrary to natural law and the has been made in the past Church's Magisterium, this document between homosexual practice stresses the following points: and orientation seems to us to have become blurred, with

Although the mere must be respected in word, in action inclination to homosexuality and in law. not a sin, it nonetheless is a tendency towards an intrinsic When it is claimed that homosexual moral evil. The inclination condition is not disordered or when itself, therefore, must be seen homosexual activity is condoned we as an "objective disorder." should not be surprised when "irrational" and violent reactions There is a clear consistency increase. in Scriptures on the immorality of homosexual All support should be withdrawn behavior. from any organizations which seek to undermine the teaching of the When they engage in Church regarding homosexuals and homosexual activity, homosexuality, which are ambiguous homosexuals confirm in about it or which neglect it entirely. themselves "disordered sexual inclination" which is . 1990 -- "Directives on Formation in "essentially self-indulgent." Religious Institutes"

A person who engages in In 1990, the Vatican's Congregation for homosexual behavior acts Institutes of Consecrated Life and Societies immorally. of Apostolic Life issued its "Directives on Formation of Religious Institutes." In its Although the practice of prefatory comments, it states that the homosexuality seriously document has "the weight of an Instruction threatens the lives and well- according to can. 34 of the Code of Canon being of a large number of Law" and was approved by the Holy Father. people, its advocates remain undeterred and refuse to In the section II.D., entitled "Sexuality and consider the magnitude of the Formation" the Directives state that "those risks involved. who do not seem to be able to overcome their homosexual tendencies, or who It nevertheless is deplorable maintain it is possible to adopt a third way, that homosexual people are 'living in an ambiguous state between object of violent malice in celibacy and marriage' (104) must be speech or action; such dismissed from religious life." treatment deserves condemnation from pastors. . 1992 -- ''Some Considerations It reveals a disregard for Concerning the Catholic Response to others endangering the most Legislative Proposals on the Non- fundamental principles of a Discrimination of Homosexual healthy society. Each Persons'' person's intrinsic dignity

In 1992, the Vatican's Sacred rights are not absolute; they can be Congregation for the legitimately limited for objectively Doctrine of the Faith issued a disordered external conduct as in the statement entitled ''Some case of the physically or mentally ill. Considerations Concerning the Catholic Response to There is no right to homosexuality Legislative Proposals on the which, therefore, it should not form Non-Discrimination of the basis for juridical claims. Homosexual Persons.'' The document evidently was The problem of discrimination does designed to influence not usually arise if homosexual Catholic opinion in response people do not publicize their sexual to proposed equal rights orientation. legislation for homosexuals. It describes homosexuality as It is inappropriate for church an "objective disorder" and a authorities to endorse or remain '"tendency ordered towards neutral toward adverse legislation an intrinsic evil." Rejecting even if it grants exceptions to church the concept of homosexual organizations and institutions. "human rights," it asserts that . 1994 -- Catechism of the there is "no right" to Catholic Church homosexuality and that civil liberties can be "legitimately The official Roman Catholic limited for objectively Catechism strongly condemns disordered external conduct." homosexual activities, labeling them as "acts of grave depravity," The significant points include "intrinsically disordered," and the following: "contrary to the natural law." Sexual orientation does not Catechism § 2357. Judging that constitute a quality homosexual acts "do not proceed comparable to race, ethnic from a genuine affective and sexual background, etc. in respect to complementarity," the Catechism non-discrimination. declares that "[u]nder no circumstances can they be There are areas in which it is approved." Id. not unjust discrimination to take sexual orientation into . 2002 -- Pope John Paul II account, e.g., adoption and Himself and Various Vatican foster care, employment of Spokesmen Speak Out Against teachers and athletic coaches Homosexual Seminarians and military recruitment. In apparent response to the clergy Although all persons have the sexual abuse scandal in the United States, right to work, housing, etc., the Holy Father himself, Pope John Paul II,

as well as Vatican spokesman website at Joaquin Navarro-Valls and Secretary http://www.ewtn.com/vnews/getstory.asp?n of the Sacred Congregation for the umber=29282. Doctrine of the Faith Archbishop Tarcisio Bertone, have all stated CNN reported "Pope John Paul II says that unequivocally that seminaries must to preserve itself, the Roman Catholic screen out homosexual candidates. Church has to be much more careful not to See E. Rossini, "Pope to Church: let men with 'deviations in their affections' Risky Seminarians Must Go," enter the priesthood." See National Catholic Register, 15-21 http://www.cnn.com/2002/WORLD/europe/ Sept. 2002. J. Thavis, "Vatican's 09/05/pope.priests/index.html. ABC News Spokesman's Comments Highlight also used the term "deviations in their Debate Over Gay Priests," Catholic affections". See News Service, 6 March 2002. http://www.cnn.com/2002/WORLD/europe/ 09/05/pope.priests/index.html In particular, Pope John Paul II's spokesman Joaquin Navarro-Valls, The December 8-14 issue of the National citing canon law on homosexuality Catholic Register quoted the Secretary of in a March 3, 2002 interview with the Congregation for Divine Worship and the New York Times, said, "People the Discipline of the Sacraments, Cardinal with these inclinations just cannot be Jorge Medina Estévez, as follows: ordained." Dr. Navarro-Valls continued, "That does not imply a Ordaining homosexuals "is final judgment on people with absolutely inadvisable and imprudent homosexuality," and added, "But you and, from a pastoral point of view, cannot be in this field." very risky. . . [A] person who is homosexual or has homosexual Zenit News reported that "John Paul tendencies is not, therefore, suitable II pointedly instructed bishops to be to receive the sacrament of holy extremely careful in their selection orders." of candidates for the priesthood, in order to avoid a repetition of the Pro. n. 886/02/0 Vatican City, May 16, scandals linked to emotional 2002. disorders." Zenit continued that the Pope said "it would be lamentable The Jesuit's Catholic weekly, America, that..youths with obvious signs of reports that the Rev. Andrew R. Baker of the emotional disorders, be admitted to Vatican's Sacred Congregation for Bishops ordination" and that mistakes in noted that the homosexual orientation “is choosing such candidates for the fundamentally flawed in its disordered priesthood "can cause grave scandal attraction because it can never „image‟ God in the consciences of the faithful and and never contribute to the good of the obvious harm for the whole Church." person or society.” A Catholic News Service Catholic World News also used the story (Am., Signs of the Times, 10/21) term "emotional disorders". The discussing an anticipated position paper on story also is printed on the EWTN the subject quotes an unnamed source

saying, “The document‟s position is . 1976 -- " To Live in Christ Jesus: A negative, based in part on what the Pastoral Reflection on the Moral Life" Catechism of the Catholic Church says in its revised edition, that the In 1976, the National Conference of homosexual orientation is Catholic Bishops also published "To Live in „objectively disordered.‟ Therefore, Christ Jesus: A Pastoral Reflection on the independent of any judgment on the Moral Life" In it, the Bishops homosexual person, a person of this acknowledged that homosexual orientation orientation should not be admitted to is not voluntary. It calls for homosexuals to the seminary and, if it is discovered live a life of chastity. later, should not be ordained.” . 1991 -- "Human Sexuality" U.S.C.C.B. pronouncements on homosexuality and In 1991, the United States Catholic homosexual clergy Conference published Human Sexuality. The ADLA has excerpts from it regarding . 1976 -- "The Gift of pastoral and pedagogical approaches to the Sexuality" question of homosexuality in its Vocations office. Human Sexuality reiterates the In response to the uproar in Church's concern that homosexuals and the Catholic gay and lesbian persons with homosexual tendencies "must community over the “Declaration on certainly be treated with understanding." Certain Questions Concerning The requirement that homosexuals live Sexual Ethics” issued by the chaste and celibate lives is stressed. Congregation for the Doctrine of the Educationally, the issue must be skirted but Faith on Dec. 29, 1975, Bishop instead "faced in all objectivity by the pupil Francis Mugavero of Brooklyn N.Y., and the educator when the case presents on behalf of the Bishops of the itself." While respect must be taught for United States, issued a pastoral letter every human being regardless of sexual on February 11, 1976, entitled "Gift orientation, "the unambiguous moral norms of Sexuality." In it, Bishop of the Christian tradition regarding Mugarevo commenting in a very homosexual genital activity" must be sensitive way on the C.D.F. presented "clearly and delicately." For Declaration. It emphasized that persons struggling with his or her "Homosexuals, like everyone else, homosexual orientation, the pastor and should not suffer from prejudice educator should bear in mind that the against their basic human rights, distinction between being homosexual and They have a right to respect, doing homosxual genital actions, "while not friendship, and justice. They should always clear and convincing, is a helpful and have an active role in the Christian important one when dealing with the community." It did not waiver, complex issue of homosexuality." however, from the Church's firm prohibition of homosexual activities. . 1998 -- "Always Our Children: A Pastoral Message to Parents of

Homosexual Children and persons we are. One component, sexual Suggestions for Pastoral orientation, is a deep-seated, relatively Ministers." stable dimension of one's personality experienced as a given and not In 1998, the National something freely chosen. Conference of Catholic Bishop's Committee on Marriage and Family Homosexuals are still people of God and issued "Always Our Children: A are "gifted and called" for a purpose in Pastoral Message to Parents of God's design. Homosexual Children and Suggestions for Pastoral Ministers." Nothing in the Bible or Catholic In it, the United States Catholic teaching can be used to justify Conference seems to depart from the prejudicial or discriminatory attitudes Vatican's position in the 1986 ''Letter and behaviors towards homosexual to the Bishops of the Catholic people. Church on the Pastoral Care of Homosexual Persons,'' namely, that a The fundamental rights of homosexual homosexual orientation, by its very persons must be defended and all must nature, "is a more or less strong strive to eliminate injustice, oppression tendency ordered toward an intrinsic or violence. moral evil; and thus the inclination itself must be seen as an objective Homosexuals have a right to be disorder." welcomed into the community, to hear the word of God and to receive pastoral In particular, the 1998 NCCB care. statement says that "by itself, therefore, a homosexual orientation It is God's plan that every act of sexual cannot be considered sinful, for intercourse occur only in marriage morality presumes the freedom to between a man and a woman and be choose . . .." The American Bishops open to new life. further stated that "Homosexual Conclusion persons who are living chaste lives should have opportunities to lead and In summary, official and semi-official serve the community." It is unclear Vatican pronouncements since the clergy whether they refer to the "Church" sexual abuse scandal erupted in 2001 community, or the community at suggest a distinct hardening and large. narrowing of the Vatican's position with respect to the admission of homosexuals Some other key points into Catholic seminaries in response to include: the clergy sexual abuse scandal, i.e., that Sexuality is a gift of God. persons with a homosexual orientation, Everyone should acknowledge even if they do not practice homosexual and accept [his] sexual identity acts, should not be admitted to, and if which helps us define the unique

they are admitted already, should be dismissed from, seminaries.

This signals a marked departure from the pre-scandal statements that :

Nothing in the Bible or Catholic teaching can be used to justify prejudicial or discriminatory attitudes and behaviors towards homosexual people.

The fundamental rights of homosexual persons must be defended and all must strive to eliminate injustice, oppression or violence.

Homosexuals have a right to be welcomed into the community, to hear the word of God and to receive pastoral care.