The Linacre Quarterly
Volume 43 | Number 3 Article 5
August 1976 Sexual Ethics: Reaction and Critque Charles E. Curran
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Recommended Citation Curran, Charles E. (1976) "Sexual Ethics: Reaction and Critque," The Linacre Quarterly: Vol. 43: No. 3, Article 5. Available at: http://epublications.marquette.edu/lnq/vol43/iss3/5 Sexual Ethics: Reaction and Critque
Charles E. Curran
The Sacred Congregation for the Doctrine of the Faith on J an uary 15, 1976, officially released a "Declaration on Certain Ques tions Concerning Sexual Ethics," which was signed on December 29, 1975, after having been ap proved by the Pope. l A brief sum mary of the contents is in order, but one must study .the entire statement which is comparatively short in order to assess it proper ly. After noting the unbridled ex altation of sex and a licentious hedonism in our society, the docu ment points out that the true meaning and value of human sex uality is to be found in revelation and in the essential order of na ture where one finds the immuta ble principles of the divine law by which God directs the universe. These absolute norms are not changed by historical and cultural circumstances, since they are Father Curran, professor of based on the function and nature moral theology at The Catholic of the sexual faculty and act University of America, is a mem (n.1-n.5) . ber of LQ's Editorial Advisory The Declaration does not in Board. He is the author of nu tend to deal with all the abuses merous articles and books, in of the sexual faculty but to repeat cluding New Perspectives in Mor the church's teaching on some al Theology, Politics, Medicine particular points. Every genital and Christian Ethics: A Dialogue act must be within the framework with Paul Ramsey, and Ongoing of marriage so premarital sex, Revision: Studies in Moral The even when there is a firm inten- ology.
August, 1976 147 tion to marry, is morally wrong ment ends with a recognition of (n.7). The document distin the importance of the virtue of guishes between homosexuality chastity by which one avoids the as transitory or as definitive and above mentioned faults and also incurable. For the definitive ho attains higher and more positive mosexual, homosexual acts can goals. Finally, the bishops are never be morally justified as urged to make sure that this right; but on the pastoral level teaching is properly imparted to such persons must be treated with the faithful. understanding and the moral culpability of their acts judged Reaction to the Document with prudence (n.8). On the basis Many national groups of bish of the nature of the finality of the ops either through their presi sexual faculty, masturbation is dent or as a body issued state condemned as an intrinsically and ments praising the document. The seriously disordered act. Although pages of Osservatore Romano in psychological and sociological fac the days immediately following tors cannot contradict this judg the release of the text contain in ment, psychology does help us to full or in part many of these re arrive at a more equitable judg actions from national hierarchies. ment on moral responsibility. For example, Archbishop Joseph Psychological imbalance and hab L. Bernardin, President of the it can reduce culpability in mas United States National Confer turbation and in other matters of ence of Catholic Bishops, stated: sexuality, but the absence of seri "The Holy See's declaration is a ous responsibility must not be welcome reaffirmation of tradi presumed (n.9) . tional Catholic teaching on sexual morality," and praised it for be The document points out errors ing "clear, pastoral, and timely."} that deny or minimize the reality In general these statements af of mortal or grave sin in sexual firm the allegiance of the bishops matters and in particular rejects to the teaching, point out the false concepts based on the theory prophetic courage involved in of fundamental option which as speaking out against poor under sert that sin exists only in the standings of human sexuality in formal refusal of God's love. The our society, and emphasize the Congregation repeats the teach need for the Catholic faithful to ing that in sexuality all direct vio be guided by this teaching. lations of the sexual order are grave-the traditional teaching In a few episcopal statements in the manuals that in sexual there were occasional doubts and matters there is no parvity of hesitations often using as an matter. However, in sexual mat opening wedge the following ters free and full consent is not as statement found in the document easily and readily present as in itself-"This traditional doctrine other matters. The Vatican state- must be studied more deeply. It
148 Linacre Quarterly must be handed on in a way ca Reaction in the secular press pable of properly enlightening the especially in Europe was general consciences of those confronted ly negative even though the sex with new situations, and it must ual excesses of contemporary be enriched with a discernment society were often acknowledged.5 of all the elements that can truth In the United States the secular fully and usefully be brought for press reported the contents of the ward about the meaning and val document, but there was little or ue of human sexuality" (n.13). no editorial comment or discus Cardinal Doepfner, speaking for sion about the teaching. Many the German Episcopal Confer major papers also carried an ar ence, generally agreed with the ticle or two containing some nega document but criticized it for its tive comments on and reactions deductive methodology which to the Declaration from Catholics makes it more difficult to under including Catholic homosexual stand and also pointed out that groups, but there was no extend many will regret that some points ed discussion in the secular press.6 have not been treated in a more The New York Daily News print detailed and differentiated man ed one commentary of a critical ner.3 nature by John Deedy, the man Individual bishops have issued aging editor of the Commonweal, their own commentaries on the and later after some protest print pronouncement and in so doing ed a more favorable and positive some (e.g., Bishop Mugavero of commentary by Msgr. George A. Brooklyn, Bishop LeBourgeois of Kelly, former Director of the the French diocese of Autun and Family Life Bureau of the Arch president of the French bishops' diocese of New York and now committee on Christian unity) holding a chair in contemporary have proposed the teaching in a Catholic problems at St. John's much more positive and pastoral University.7 One ,grievous viola way.4 The pastoral letter of Bish tion of journalistic ethics must be op Mugavero develops in the first mentioned. Quotidien de Paris place the meaning and value of sent reporters to six different con human sexuality in the light of a fessors confessing the sin of mas permanent loving relationship; turbation and published what was emphasizes the respect for per the reaction of the different con sons which was mentioned in the fessors. Cardinal Marty of Paris original document; does not men vigorously protested this type of tion the questions of parvity of journalism.8 matter and mortal sin; in general Within the Roman Catholic proposes the teaching in a more press, the readers of Osservatore positive, pastoral and appealing Romano would never have known manner; and also calls for no legal there had been any criticism of discrimination against homosex the document except for laments uals. by some of their authors that the
August, 1976 149 Declaration was either rejected or about moral guilt especially in the misunderstood by many in the light of social customs, cultural mass media and in society at prejudices, objectively difficult large. Osseruatore Romano faith situations, nonculpable personal fully reported the favorable re immaturity and other factors that sponses from most of the bishops' can blind the intellect and strong conferences in the world. In addi ly influence the will.9 tion, for over two weeks there In an article on homosexuality regularly appeared on the front Domenico Capone develops the page a comparatively long article notion of the prudent judgment on the Declaration including es which the Congregation calls for says by Roman theologians such in evaluating subjective guilt. The as Delhaye, Garofalo, Spiazzi, theology of the manuals replaced and Ahern as well as by various prudence with a science of cases, bishops. Some of the articles but the call to prudence echoes (e.g., those or Sardi and Capone) the approach of St. Thomas mark a definite improvement over Aquinas and St. Alphonsus Li the teaching proposed in the pro guori which takes account of the nouncement by the Congregation. contingent and allows for greater Paolo Sardi of the theological flexibility while striving for a syn faculty of Torino wrote a very thesis between the objective norm sensitive article on premarital sex and the subjective situation. 1O uality beginning with a discussion These two articles together with of the contemporary situation in the statements of some bishops which many people, for reasons as mentioned earlier show that other than bad will, find it diffi the teaching of the document can cult to accept the present church be presented in a more positive teaching on sexuality. Bourgeois and meaningful way. hyprocrisy, abnormal prolonga The Catholic press in the Unit tion of the prematrimonial period, ed States carried various articles social and cultural circumstances, on the Declaration as well as com and inadequate education and ments of some critics and sup motivation are among the factors porters of the document. Some why people cannot always accept editorial criticisms as illustrated the church's teaching. In this re in a very forthright editorial in gard Sardi calls for a broad based the Brooklyn Tablet manifest a understanding of human sexuali significantly new sign of the ty inc Iud i n g anthropological, times. The editorial writer points theological, psychological, social out that the Declaration extends and procreative dimensions. He the methodological reasoning of develops to a greater extent the Humanae Vitae to related issues, distinction between the objective but it was precisely the reasoning and subjective order found in the in Humanae Vitae which many statement of the Congregation Catholics including bishops could and calls for prudent judgments not totally accept. The document
150 Linacre Quarterly is described as more of a polemic sity of America praised the docu than an instruction which occa ment as a courageous act,13 and sionally oversimplifies and cari John Harvey also generally sup catures various positions. The ported its teaching.14 The Catho criticism is quite severe-objec lic press recorded negative reac tions are often ignored; new cul tions by Sean O'Riordan, an Irish tural situations are dismissed; the Redemptionist priest teaching at historical conditioning of past the Academia Alfonsana in Rome, teaching is ignored; homosexuals and disappointment and disagree are called to do what is admitted ment with some aspects expressed ly impossible; the section on mas by Charles Curran.ls Richard Mc turbation in reality does not Cormick's short, incisive com accept the psychological data it mentary disagreed with the no claims to incorporate. "This is a tion of sin found in the document difficult document with serious and criticized especially the meth flaws, and a theological base odology employed without men which remains to be justified in tioning the substantative ques the light of, not individual theo tions.16 Daniel Maguire in a bal logians but whole schools of con anced and perceptive commentary temporary theology." I I disagreed with both methodologi The same phenomenon of criti cal and substantive questions and cism and even some dissent in the pointed out the document does popular Catholic press was found justice neither to the subject nor in an editorial of the influential to the Catholic traditionY Ma London Tablet. The editor re guire would seem to agree with marks that "in this country, at. Gregory Baum who sees marriage any rate, it [the Declaration] as the ideal context of sexuality cannot be described as appropri but explicitly declares that there ate." The editorial points out is a responsible context for sexual that the caring church today is relations for mature single people, no longer content to slam the door also the widowed and the di on people with categorical prohi vorced. 's bitions especially in areas of their Elsewhere, Dennis O'Callaghan affective life but concerned rather in the Irish pastoral publication to show how their experience can The Furrow raised questions be a way, even through many about the absolute and intrinsic vagaries, to a deeper appreciation nature of sexual ethics in the doc of the gospel of love. The docu ument and challenges the theory ment is also criticized for disasso there is no parvity of matter in ciating itself from the patient sexual ethics. Herbert Richards, work and positive achievement of editor of the Clergy Review in other Christian traditions. 12 England, also criticized the meth Theologically opinion in the odology employed in the docu United States was divided. Carl ment.19 The most significant, or J. Peter of the Catholic Univer- ganized theological criticism and
August, 1976 151 strong dissent came from forty-six magazines, in the mass media, in French theologians in the region the advertising of products or in near Lyons who disagreed with the massage parlors and adult the individualistic and legalistic movie houses that clutter our city approach as well as the docu streets. A narrow pursuit of pleas ment's outdated philosophy, its ure, an unwillingness to accept abusive authoritarianism and its the obligations of deeper and emphasis on fear. Weak and hop more profound human relation ing human beings are condemned ships and an inability to under as legal sinners; they find in this stand the need for discipline and document neither truth nor jus true asceticism often characterize tice nor the love of God. 20 This contemporary life. In the light of survey of reactions is not intend these and other developments ed to be exhaustive but rather many speak of a sexual revolution representative especially of the which has occurred in our day. existence of criticism and of the In many ways it is accurate to nature of that criticism. speak of a sexual revolution in The Context our culture, but human sexuality The document must be seen throughout the COUrse of history and judged in the light of the has not only mediated the love broader contemporary context. union of partners but has also On the one hand; one must readi been tbe occaS,ion of exploitation, ly acknowledge that in our cul tragedy, domination and suffer ture the.re are changing attitudes ing. Pierre Grelot recognizes that toward the meaning of sexuality even in the Old Testament, sex and of human sexual Oehav.ior. uality remained a frail thing, con :My own theological per»pective stantly th.reatened and far re argue$ for ,a crit-ical approach to moved from the original ideal. 21 cultural and histor.ical develop At the same time one must ac. ments tbatavoids the error of lmowledJ;e SOme good aspects in emhmcing them .aU as good or :re the contemporary approach to hu jecting them all as evi1. There are man S(l,xuality. Today marriage many .neg
August, 1976 153 zation although by its very nature than a papal encyclical although and length,it is of greater ec until a few years ago such decrees clesial significance and import. ended theological and practical Cardinal Marty of Paris pointed disagreements wit h i n Roman up the different ways in which Catholicism. Obviously Catholics the secular press has treated both must pay respectful attention to documents;25 but, on the one such documents, but dissent or hand, Osservatore Romano has criticism remains a possibility. been guilty of even more over-kill The criticism that has arisen con on the sexual document, cerning this document not only Documents emanating fro m from the part of theologians but Roman Congregations are of dif also in the popular Catholic press ferent kinds. A declaration, ac indicates a sign of a greater ma cording to Francis Morrisey who turity already existing within the has studied the question from the Roman Catholic Church even juridical perspective, generally though one wishes that the nega speaking does not propose any tive criticism were not necessary. thing -new but merely calls to The preparation of the docu mind the traditional teaching or ment and its tone. Apparently this law as the case may be. 2G The Declaration was a product of the present Declaration understands Roman curia with no direct in its own function merely as re put from the bishops around the peating the church's doctrine world. Such a procedure is not on particular points (n. 6). only against the spirit of col Earlier Declarations on Chris legiality which was recognized in tology and abortion had a similar the church by the Second Vatican purpose (e.g., Declaration on Pro Council, but it also prevents the cured Abortion of the Congrega document from having a greater tion for the Doctrine of the Faith, internal authority. From many No~ 18, 1974,n. 4),buttheyre comments that followed, it seems ceived comparatively little atten that consultation with the bish tion in the press and in the life of ops would definitely have result the church. ed in a much better document. In many ways the reaction to One can only hope that the bish the encyclical Humanae Vitae ops throughout the would strong marked a significant turning ly protest such a procedure which point in the Roman Catholic is ecclesiastically unacceptable Church, for it was now acknowl and detrimental to the credibility edged by many that there existed of the church as teacher in the within the church a right to dis world. sent from authoritative, nonin Mention has frequently been fallible, papal teaching. In this made of the negative and legal case, a declaration of a Roman istic tone of the document. At the congregation is of much less doc very minimum church authority trinal and authoritative import should recognize that these docu-
154 Linacre Quarterly ments are no longer read only by the fear of sin as a very signifi bishops, theologians and experts, cant if not the primary motivat but are diffused throughout the ing factor for the observance of Christian community and read the norms of human sexuality. also by many nonbelievDrs. At the Especially among the less fervent very least such documents must Christians the practice of chastity be written with the general pub has been endangered by the tend lic in mind and seen as a way of ency to minimize the reality of educating and motivating both grave sin (n. 10). Even more im members of the church and portantly, the tone of the pro others. nouncement is closely connected with the moral methodology In general, it would have been which will now be considered. much more appropriate to discuss sexuality in terms of the basic Critique of Methodology Christian vision which affirms the The methodology employed in goodness of sexuality and all cre the document is substantially the ation, the redemptive transforma same approach as used in the en tion of human sexuality in the cyclical Humanae Vitae. The light of the mystery of Christ, meaning of human sexuality is but also the fragility and tragic found in the essential order of hu aspect of human sexuality which man nature. Here one discovers is always threatened by human the immutable principles which limitations and sinfulness. The transcend historical categories. meaning and value of human sex More especially the document re uality should be developed in duces the essential order of na terms of the person's openness to ture to the finality and structure another human being and to a of the sexual act-it is respect for fruitful and creative life-giving its finality that insures the moral love. Only after explaining the goodness of this act (n. 5). "This meaning and value of human sex same principle ... is also the basis uality should the document raise of her traditional doctrine which the question of the norms, cri states that the use of the sexual teria or laws which govern human function has its true meaning and sexuality. Laws or norms of some moral rectitude only in true mar type are necessary; but they riage" (n. 5). should not receive the first, pri The faults and shortcomings of mary and only emphasis, since such a methodology are numer norms are derived from the prior ous. First, not enough attention is understanding and meaning of given to historical and cultural de sexuality and its various values. velopments and differences. The "essential order" and "immutable There exists explicit evidence principles" based on constituent within the document itself of a elements and essential relations very negative approach to moral are contrasted with historical con pedagogy. The Declaration sees tingencies. These fundamental
August, 1976 155 principles are described as "eter gives greater recognition to his nal, objective and universal" (n. torical and cultural developments 3). Thus not enough importance as well as to ongoing human cre is given to developing, historical, ativity. and cultural realities. Catholic Fourthly, the teaching is based tradition itself in some ways ar on the finality of the sexual act or gues against such an approach as faCUlty and does not give enough illustrated in the developing theo importance to the personal as ry of the nature of marriage (con pect. Note, for example, how the sent, handing over of the bride, a pronouncement refers to the prob contract, a covenant?) which has lem in terms of "abuses of the definitely been affected by the sexual faculty" (n. 6) and identi historical and cultural under fies the problem as trying to dis standings of the meaning of mar cover the true "use of the sexual riage. faculty" (n. 5). However, sexual Secondly, and in a related man acts and faculties can never be ner, the document mentions that viewed only in themselves but human beings "discover, by the must be seen in terms of the per light of their own intelligence, the son and the individual person's re values innate in their nature" (n. lationship with other persons. 3). The Declaration sees meaning The Congregation for the Doc as something imbedded in human trine of the Faith cites the text nature which the intellect in a from the Second Vatican Council somewhat passive way discovers insisting that sexual morality is as already being there. Contem based on the nature of the person porary epistemology gives a much and his acts (n. 5), but does not more active role to the human really adopt such a methodology person who positively is called to in practice. As a result the meth develop and to give meaning to odology itself is not only inade human reality. quate but the tone is cold and Thirdly, the first two deficien impersonal. There is comparative cies already mentioned naturally ly little mention of the relation presuppose a more deductive ship between love and sexuality, methodology based on the eter for sexuality is seen primarily in nal, universal principles found in terms of acts, faculties and func human nature. The Declaration tions. cannot and does not employ the F i ft h I y, the Declaration io methodology of the Pastoral Con guilty of physicalism, since it un stitution on the Church in the derstands sexuality primarily if Modern W orId of the Second not exclusively in the light of the Vatican Council which begins its finality of the sexual act itself. consideration of each question Such a defect is clearly associated with a reading of the signs of the with the emphasis on the act times-a much more inductive alone and not on the person. The methodological approach which personal dimension of sexuality,
156 Linacre Quarterly the whole psychological aspect of rather than speaking about the human sexuality and human sex value and meaning of human sex ual maturity as a goal toward uality in the full Christian and which one strives are all missing. human context. Laws have their By focusing the ethical analysis primary function in protecting unilaterally on the physical act and preserving the different moral and the faculty, there is little or values at stake, but the values no room for considerations of the come -first. Here again the meth psychological, the personal, the odology employed affects the le relational, the transcendent and galistic and impersonal tone of other important aspects of human the document. sexuality. In an un nuanced manner the Sixthly, an emphasis on law Declaration asserts with too great and on the certitude of such laws a certitude the existence of im characterizes the moral approach mutable, eternal, and universal of this pronouncement. After norms in the area of sexuality. mentioning the values innate in Contemporary moral theology is human nature, the document rightly probing the role and func quickly asserts that human judg tion of laws in the moral life in ments are not made according to general. The document itself personal whim but according to seems to identify the concepts of the law written by God on the norms, principles and laws which human heart. This law is the di perhaps should be distinguished vine law-eternal, objective and according to the degree of spe universal, which is accessible to cificity involved. By reading laws our mind (n. 3). In the nature of in the nature and finality -of the human sexuality one finds funda sexual act, the claim can more mental "principles and norms easily be made for eternal, im which have absolute and immuta mutable and universal laws. But ble value" (n. 4). if one understands law as a pro In this methodology law be tector 0f values, then laws cannot comes the primary ethical model be proposed with such certitude and consideration. In my judg for many factors come into con ment there must always be a sideration. St. Thomas Aquinas place for principles, norms and himself recognized that as one laws in the Chirstian life, but law descends to more particular ques is not the primary ethical model tions the laws more readily admit nor the most fundamental moral of exceptions and oblige only ut consideration. The model of re in pluribus.27 Aquinas thus pre lationality-responsibility, not the supposes a sound epistemology model of law and obedience, which recognizes the difficulty of should be primary in Christian immutable, eternal and universal ethics. The document wrongly laws in dealing with more specific gives first and foremost place to and particular questions. In addi considerations of laws and norms tion, one can and at times should
August, 1976 157 appeal to communitarian and so temporary scene with its different cial needs to establish the exist historical and cultural circum ence of laws and norms. In gen stances. The scriptures cannot be eral, the approach of the Declara treated as if they are a book con tion is much too one-sided. taining laws which are given for Seventhly, the Congregation all time. This approach does not does not pay sufficient attention deny the fact that there can be to the experiences of people and such laws and norms but only praxis-aspects which are being realizes the difficulty of merely accentuated in contemporary the asserting them on the basis of cer ology. One must be careful never tain scriptural quotations. In this to absolutize contemporary ex connection one must question the perience, for a critique is always use of one or more scriptural quo called for. But contemporary ex tations to prove the existence of perience cannot be totally ne absolute moral norms as done by glected or given little or no im the pronouncement of the Con port. The lack of emphasis on ex gregation. At the very least one perience and praxis coheres with must do more than cite eight the historical and deductive ap scriptural texts to prove that proach of the document which "sexual intercourse outside mar bases its methodology primarily riage is formally condemned" on the structure and finality of (note 16). Likewise, some scrip the sexual act itself. Without any ture scholars challenge the asser supportive data the Vatican Dec tion of footnote 18 that Romans laration appeals to the magis 1: 24-27 flatly condemns all terium and to the moral sense of homosexual actions for all people. the Christian people to support Eight methodological short the contention that homosexual comings of this Declaration have relations cannot be judged in been pointed out. One can and dulgently or even excused (n. 8) should conclude from this that and that masturbation is an in the methodology of the Declara trinsically and gravely disordered tion is not in keeping with what act. It seems to me that at the in my judgment is the best in very least the last statement can Catholic theological reflection. A not be verified, and I would argue comparison of this approach with for the contrary. such representative articles on Eighthly, the use of scripture sexuality as found in Sacramen is open to question. Contem:po tum Mundi, the Lexikon fur rary theology recognizes the her Thelogie und Kirke, and the meneutic problem of first under Dizionario Enciclopedico di Te standing what precisely was ologia Morale confirms the nega meant by the author in the times tive judgment and critique of the and circumstances in which the methodology employed by the document was written and then Congregation.28 The methodologi applying this teaching to the con- cal approach of the Declaration
158 Linacre Quarterly does not do justice to the full through our relationship with ness of the Christian tradition on neighbor and self. However, as the sexuality and tends to render that theory of the fundamental option teaching less credible in the eyes rightly points out, mortal sin is of many. Yes, there are many ex a much less frequent occurrence in cesses in the area of sexuality in the lives of Christians than was our contemporary world and our recognized in an older under society badly needs the right of standing of mortal sin. Why? the gospel and human experience An older theology understood in order to understand better and mortal sin in terms of an act live out the full human and Chris against the law of God, but my tian meaning of sexuality. Unfor theory of fundamental option sees tunately the Declaration is nei mortal sin not primarily in terms ther an adequate response to the of acts but ultimately in terms of needs of the time nor representa breaking the relationship of love tive of the best of Catholic with God, neighbor and the world. thought. The external act involves mortal Substantive Critique sin only if it signifies and ex The Declaration of the Congre presses the breaking of the funda gation for the Doctrine of the mental relationship of love with Faith considers four substantive God. Moral theology can and questions-sin and mortal sin, should describe certain acts as premarital sexuality, homosexu right or wrong - e.g., murder, ality and masturbation. Since I adultery, lying, etc.; but one can have treated these subjects at never know just from the external length elsewhere, there is no need act alone whether or not mortal for an extended development here sin is present. The fundamental but only a few comments and re option basically involves the rela flections. 29 tionship of love by which the per Mortal sin. The discussion on son is linked to God. In the words mortal sin and the fundamental of the manuals of theology mortal option tends to be a carica ture of sin involves one's going from the what is generally accepted teach state of grace to the state of sin ing in contemporary Roman and is not just the external act as Catholic theology and has strong such. The relational understand roots in Thomistic thought it ing of fundamental option recog self.30 The document describes nizes that this relationship is al the opinions of some who see mor ways mediated in and through tal sin only in a formal refusal particular actions, but the ex directly opposed to God's call and ternal act in itself cannot be de not in particular human acts (n. terminative of the existence of 10). To my knowledge no reputa mortal sin. Mention has already ble Catholic theologian holds such been made of the poor pedagogy a position because our relation based on the fear of mortal sin as ship with God is mediated in and a motivating force for Christian
August, 1976 159 people especially less fervent ones. will be discussed later in greater In this same section (n. 10) the detail. document affirms that every di Premarital sexuality. The Dec rect violation of the sexual order laration somewhat astonishingly is objectively serious-the teach considers especially and almost ing that is found in the manuals exclusively the case in which there of moral theology that in matters is a firm intention on the part of of sexuality there is no parvity of the partners to marry but the matter. It is not exact to say that celebration of marriage is imped according to this teaching every ed. Many ministers in pastoral sin against sexuality is a mortal practice wonder much more about sin; the correct interpretation the vast majority of cases in states that every act against the which there is no firm intention sexual order, even an imperfect to marry. According to the Con sexual actuation, involves grave gregation the requirements of the matter, but one must also con finality of sexual intercourse and sider the involvement of intellect human dignity call for a conjugal and will before talking about contract sanctioned and guaran grave sin. teed by society (n. 7). Here again note the emphasis on the judicial I deny there is no parvity of notion of contract rather than the matter in sexuality. At the very more personalistic and relational most, the concept of grave matter concept of marital covenant. constitutes a presumptive judg ment that such matter is of so Ordinarily the couple should be great importance that it will ordi willing to witness to the perma narily involve a fundamental op nent covenant of their love by a tion and break the relationship of public and societal proclamation love. In a fuller understanding of to others of their love. However, human sexuality as contrasted at times there might be some even with the narrow methodological legitimate reasons why the cere approach criticized earlier, this mony is impeded. If there is a assertion that violations of the true covenant of marital love, sexual order always involve grave there does not seem to be much of a problem from a moral view matter does not seem to be true. point although ordinarily such a There is no other moral virtue in covenant of love should be pub Christian moral theology whose licly witnessed and proclaimed. violation always involves grave What about the case of those matter. Why should chastity and who have no intention of marriage sexuality be different? For many but are living together or having centuries church authorities pre sexual relations with one another? vented any free discussion of this This is a phenomenon which has question. Today many theologians always occurred in human society rightly reject such a teaching. 31 but at the very least is probably The question of parvity of matter more acceptable and publicly ac-
160 Linacre Quarterly knowledged in our contemporary in our present culture and his world. The argument is often pro torical circumstances the pursuit posed that sexual relations is a of this ideal is more difficult than sign of their loving relationship before. Likewise many people will here and now but does not neces come to the full meaning of hu sarily entail a permanent commit man sexuality only through their ment on the part of both persons. own personal experience. Sexual Yes, sexuality must be seen as relations which fall short of this basically something good, a vehi moral ideal still incorporate some cle of love and fulfillment; but of the values of sexuality. These also one can never forget the persons must be challenged to fragile character of human sex grow and to discover the full uality, its effect on society and meaning and ideal of human sex the institution of marriage as well uality in their own lives. Such an as the possibility of sinful ex approach builds on and carries ploitation of one another. somewhat further the distinction This is not the place to develop mentioned in the Declaration it a positive theology of the mean self on the difference between the ing of human sexuality, but in objective order and the pastoral general sexuality should be seen order. Some Catholics today, for in the context of a loving relation example Louis Beirnaert, are ship of male and female. There is questioning if the contemporary also a relationship between sex situation of human sexuality real uality and the procreation of new ly makes the ideal more difficult life as the fruit of sexual love, but to attain or if these conditions even within marriage there are have changed the very meaning of times when procreation either human sexuality.32 cannot or should not occur. The Homosexuality. The statement language, signification and mean from the Congregation properly ing of sexuality point to a trans recognizes the two levels of the cending love that unites the part objective moral order and of the ners. The full ideal meaning of subjective condition of the person human sexuality in my judgment and also realizes there are some is in terms of a permanent com persons who are incurably and mitment of love between a man definitively homosexual (n. 8). and a woman. While calling for such people to What about those who do not be treated with understanding accept in theory or in practice and for their culpability to be such an understanding of the judged with prudence, the docu meaning and significance of hu ment warns against morally justi man sexuality? They are not fying these actions (n. 8). necessarily in mortal sin or ex One problem with such an ap cluded from the eucharistic com proach is that the incurable and munity. There are many reasons definitive homosexual on the mor· for prudently acknowledging that al level is asked to live in accord
August, 1976 161 with the charism of celibacy. Can earlier age in attaching too great one claim that such a charism is significance to human semen. In given to all definitive homosex dividual masturbatory acts seen uals? My approach for the defini in the context of the person and tive or irreversible homosexual is the meaning of human sexuality based on the theory of compro do not constitute such important mise which acknowledges that be matter. Especially for the ado cause of this condition, for which lescent there is good evidence that the individual is in no way re the growth process toward the sponsible, these actions are not ideal of human sexuality must go wrong for this individual provided through a period of adolescent there is a context of a loving masturbation. S u c h individual commitment to another. However acts are not of great importance this does not imply there are no or ethical significance provided ethical differences between heter the individual is truly growing in osexuality and homosexuality, sexual maturity and integration. but for the irreversible homosex To claim that masturbatory ac· ual there is no other way to tions consitute an intrinsic ana achieve some basic human fulfill serious disorder is inaccurate from ment as a person. Thus even on a theological viewpoint, often the level of the moral order for harmful from a psychological per this particular individual person spective and frequently counter in a certain sense these actions productive from a pedagogical within a loving commitment are perspective. not wrong. Are acts of masturbation then Masturbation. According to the totally good and praiseworthy? document issued by the Vatican No. Masturbation is generally Congregation, masturbation is an symptomatic behavior and it is intrinsically and seriously disor important to recognize what it is dered act (n. 9). I deny this as signifying. It can be symptomatic sertion which in my view comes of a true inversion so that the in from the poor methodological per dividual is completely self-cen spective from which sexuality in tered; or symptomatic of the fact general and masturbation in par that the divorced or separated ticular are viewed in parts of the person misses the sexual relation Catholic tradition and in this ship of marriage; or symptomatic particular statement. Masturba of the loneliness of an individual; tion is seen primarily in terms of or symptomatic of the fact that the physical aspect, limited to an married couples are somehow or analysis of the act apart from the other unable to have sexual rela person, with too much emphasis tions; or symptomatic of the sex given to the procreative aspect of ual tension existing in a person. the act whose importance was The reality of masturbation al even further exaggerated by the ways falls short of the ideal mean poor biological knowledge of an ing of human sexuality and indi-
162 Linacre Quarterly cates a lack of total integration of 2. Origins: NC Documentary Service sexuality in the life of the person, 5, n . 31 (January 22, 1976), 487; Os· but such actions very frequently servatore Romano, 24 Gennaio 1976, 3. Herder Korrespondenz 30 (Febru are not of grave moral significance ary 1976), p . 88; Osservatore Romano. or importance in themselves. Such 22 Gennaio 1976, p. 1. a nuanced judgment wants to 4. Mugavero, Bishop Francis, "Pas avoid the unfortunate excesses of toral Letter: The Gift of Sexuality," the past Catholic thought with Origins: NC Documentary Service 5, n. 37 (March 4, 1976), 581-586; Mgr. out on the other hand maintain Armand Le Bourgeois, "A propos de ing that such actions are always quelques documents romains-Reflex perfectly good. ions pastorales et oecumeniques," La Documentation Catholique 73, n. 1693 In conclusion, Christians and (7 mars 1976), 209-210. Catholics like many others in so 5. "Document sur l'Hhique sexuelle: ciety are searching for the true rea c t ion s reservees," Informations meaning of human sexuality. No Catholiques I nternationales n . 499 (14 fevrier 1976), 10ff. one can deny the many abuses 6. E.g., Chicago Daily News, Jan. of sexuality in our culture, but at 24-25, 1976, p. 15; New York Times, the same time the methodological January 16, 1976, p. 1; February 22, approach of the Catholic tradi 1976, p. 26; Newsweek, January 26, tion as incorporated in this docu 1976, pp. 46, 47; Time, January 26, 1976, p. 41. ment .and. in Humanae Vitae 7. Religious News Service (Domes needs to be c r i t i ci zed and tic Service), February 13, 1976, pp. changed. This evaluation and 14, 15. critique has tried to point toward 8. La Documentation Catholique 73, an approach to human sexuality n. 1692 (15 fevrier 1976) 179. 9. Sardi, Paolo, "Rapporti prematri that is more responsive to the moniali e norma morale," Osservatore best of the Christian and Catholic Romano, 21 Gennaio 1976, pp. 1, 2. traditions and to the needs of the 10. Capone, Domenico, "Riflessione times with the realization that sui punti circa l'omosessualitii," Os our teaching must be constantly servatore Romano, 29 Gennaio 1976, open to the insights of the gospel pp. 1,2. 11. Brooklyn Tablet, January 22, and of human experience. 1976, editorial page. 12. The Tablet 230 (January 24, REFERENCES 1976), 73-75. 1. The official text is: "Declaratio 13. NC News Service, January 16, de quibusdam questionibus ad sexu 1976, p. 28. alem ethicam spectantibus," Acta 14. Harvey, John F., "Pastoral In Apostolicae Sedis 68 (1976), 77-96. sights on 'Sexual Ethics,''' Pastoral The English version cited in the text Life 26, n . 4 (April 1976), 2-8. according to the paragraph numbers 15. NC News Service, January 16, in the official text comes from the Na 1976, pp. 27, 28. tional Catholic News Service. Pam 16. McCormick, Richard A., "Sexual phlet editions are available from the Ethics-An Opinion," National Catho Publications Office of the United lic Reporter, January 30, 1976, p. 9. States Catholic Conference, 1312 Mas 17. Maguire, Daniel C., "The Vati sachusetts Ave., N.W., Washington, can on Sex," Commonweal 103, n. 5 D.C. 20005. (February 27, 1976), 137-140.
August, 1976 163 18. NC News Service, February 27, or place of publishing is given. 1976, pp. 24, 25; See also, Gregory 27. Thomas Aquinas, Summa Theo Baum, "Holy Sexuality.-' The MOllth logiae. l a_lIac, q. 94, a. 4 and 5. 6 (1973), 104-108. 28. Grundel, Johannes, "Sex" in 19. O'Callaghan, Denis, "Commen Sacramentum Mundi 6, ed. K. Rahner ta ry on the Declaration," The Furrow et. al. (New York: Herder a nd Herder, 27, n. 2 (February 1976), 126-128: 1970), 73-87; L. M . Weber, "Gesch "Two Texts from Rome," (editorial) lechtlichkeit," in Lexikon fur Theologie Clergy R eview 61, n. 4 (April 1976). und Kirche 4, ed. J. HOfer and K 127-129. R a hner (Freiburg: Herder, 1960), 803- 20. La Documentation Catholique 807; Haring, Dizionario Enciclopedico 73, n . 1692 (15 fevrier 1976), 181, 182. di Teologia Morale, pp. 993-1006. For 21. Grelot, Pierre, Man and Wife in a recent Protestant statement on the Scripture (New York: Herder aml question, see Federation protestante Herder, 1964), p . 55. de France, La Sexualit,,: Pour ull e 22. Haring, Bernard, "Sessualita," in r"flexion ch1'l!tienne (Paris: Le Cen Dizionario Ellciclopedico di T eologia turion-Labor et Fides, 1975). Morale, ed. Leandro Rossi and Am 29. Curran, Charles E., " Masturba brogio Valsecchi, 3rd ed. (Rome: Edi tion and Objectively Grave Matter," zioni Paoline, 1974), p . 997. in A New Looll at Christian Morality 23. Pohier, J.-M., "Les chretiens de (Notre Dame, Indiana : Fides Pub vant les problemes poses par la sex lishers, 1968), 201-221; "Sexuality amI ualite .. aux chretiens," Le Supple Sin: A Current Appraisal," in Con· ment n. 111 (1974), 490-511. There temporary Problems in Moral The have been many attempts within Ro ology (Notre Dame, Indiana: Fides man Catholicism to develop a more Publishers, 1970), pp. 159-188; "Dia adequate sexual ethics. Of special note logue with the Homophile Movement: are two books which unfortunately cost The Morality of Homosexuality," in their authors the teaching positions Catholic Moral Theology in Dialogue they held: Stephan Pfurtner, Kirche (Notre Dame, Indiana: Fides Publish· und S exualitat (Hamburg: Rowohlt, ers, 1972), pp. 184-219. 1972); Ambrogio Valsecchi, Nuove vie 30. Reiners, H., Crundintelltion un" dell'ethica sessuale (Brescia: Querin sittliches TUIl (Freiburg: Herder, ia na, 1972). 1966) ; S. Dianich, L'Opzione fonda 24. Paul VI, "Adhortatio Apostolica: mentale nel pensiero di S. Tomassv 'Evangelii Nuntiandi'" Acta Aposto· (Brescia: Morcelliana, 1968). Ii cae Sedis 68 (1976), 5-76. 3 1. Kleber, H ., De pOl'vitate mate 25. La Documentation Catholiqlle riae in sexto: Ein Beitrag zur Ce., 68, n. 1692 (15 fevrier 1976) , p. 180. chichte der Moral theologie (Regens 26. Morrisey, Francis G., The burg: Pustet, 1971). Canonical Significance of Papal and 32. Beirnaert, Louis, "Difficulte d'un Curial Pl'Onouncements, p. 10. This is discours ethique: A propos d 'un docu a pamphlet published by the Canon ment sur la sexualite," Etudes 344 Law Society of America, but no date (janvier 1976) , 9-16.
164 Linacre Quarterly A Critique of John McNeill, S. J. and Gregory Baum, o. S. A. on the Subiect of Homosexuality
John F. Harvey, O.S.F.S .
You may wonder why I have Going beyond the position of chosen to treat only two writers Charles Curran, who seeks to on the subject of homosexuality. justify faithful homosexual unions It is my experience that John J . by his principle of compromise, McNeill, S.J. and Gregory Baum, McNeill and Baum do not con O.S.A. are regarded by gay Cath sider homosexual actions wrong in olics as offering an alternative themselves. It is not surprising, theology to that of the Church on then, that Dignity, a national or the question of homosexuality. ganization of gay Catholics af firming that "gays can express their sexuality in a manner that is consonant with Christ's teaching" makes frequent use of two state ments of McNeill and Baum. The first, "The Homosexual and the Church," is an excerpt from the keynote address McNeill de livered at the first national con vention Dignity held in Septem ber, 1973 (National Catholic Re porter, October 5, 1973, 7-8, 13- 14). The second statement by Gregory Baum, "Catholic Homo sexuals," appeared in Co mmon weal, February 15, 1974, 8-11. Let me first describe McNeill's position.
McNeill's m a j 0 l' arguments Father Harvey is president of treat (1) the various texts in Holy De Sales Hall School of TheOlogy Scripture concerning homosex in Hyattsville, Md. He teaches courses in pastoral-moral theology uality and conclude that none of in the Cluster of Independent the texts contains a clear con Theological Schools in metropoli demnation of faithful homosexual tan Washington. Father Harvey union; (2) he also affirms that is a fr eq uent contributor to Lin man's radical freedom enters into acre. the formation of man's sexual
August, 1976 165