Tuesday, August 24, 2010

The Gay Marriage ruling

I have not blogged on this here as yet. The issue has come up in the Catholic media and I have been commenting, but have not posted those comments on this site. It seems the main objection I hear to Judge Walker's ruling from Catholics (from my Pastor to Michael Sean Winters of National Catholic Reporter) is his finding that moral disapproval cannot be a source of law. You can read MSW's post at http://ncronline.org/blogs/distinctly-catholic/more-gay-marriage-ruling

I responded to Mr. Winters that he should be glad that the common law and the consitution allows the "privacy out" on such questions, as well as the freedom of relgions to do what they want. You would not like the alternative - for a state that is empowered to rule on the wrongness of homosexuality would also be able to rule on its rightness and impose that ruling on the Churches.

By the way, the Church's teaching on this issue is not consistent with any natural law reasoning that does not seek refuge in scripture and theism. That's not my view, its the view of the author of Fagothy's Right and Reason, which is the ethics book used in Catholic minor seminary.

The teaching that homosexuality is disordered is a band-aid. Prior to that teaching, which is recent, the church was on the road to teaching that homosexuals were wonderfully made and that sexuality is a gift from God. Put the two together, and you have to concede gay marriage and the licitness of homosexual sexuality. JPII, assisted by the current Pope, attempted retrenchment - but it won't last.

Traditionally, Catholic teaching on marriage has followed the lead of the state and in some nations, marriage and its sacramental blessing are still separate acts. This presents a problem for the Church, which can be solved in understanding Torah teaching on what happens in marriage, which Christ echoed when addressing the question of divorce. When someone gets married, the leave their families and cling to their spouse and the two shall become one. That is as much about legality as sexuality and it is true regardless of the genders of the parties involved. What was disturbing was the parents of gay children excluding their life partners in times of medical crisis and the state not recognizing their rights in relation to the rights of the family. This had to be corrected and marriage corrects it. Celebrating weddings in the Catholic Church is a way for families to recognize that the familial dynamic has altered. To not celebrate gay weddings is to deny Catholic families with gay members the chance to come to grips with the transition, which comes when one person promises fidelity to another - which is the essence of sacramental marriage and does not depend upon either priest nor witness (as I was taught in both marriage prep and Catholic H.S.).

On the question of moral disapproval, it could have easily been written as moral scorn - meaning that moral scorn is no more an actionable right under the freedom of religion (demanding conformity by society, such as outlawing the marriage rights of others or their right to serve in the armed forces) than yelling fire in a theater is a legitimate application of the freedom of speech. This protects the Church in areas in the south where the prominent domination still holds to and teaches the belief that the Pope is the anti-Christ. You cannot have it both ways.

I suspect gay marriages in the Catholic Church in the not too distant future, since often the Sacrament follows the lead of civil law. As far as the Commonwealth of Virginia's marriage amendment, it is all but toast. It was unconstitutional on its face because it violated the private contract rights of gays and lesbians for now valid reason, since the Commonwealth has no interest in interfering with who has medical power of attorney, control over visitation and who inherits the property of gay people. Its only role in settling estates is as a neutral arbiter, it cannot outlaw an individual's desires for the distribution of his or her property just because that person is gay. I suspect that worries about the Richmond Circuit are why this has not been challenged before, although it could be that no one has come forward to challenge such arrangements when they do occur and are executed. Either family members have not objected or Courts have ignored the constitutional provision. Now that there is federal precident going the other way, any attempt to enforce the Virginia Amendment would be problematic, although I expect it to eventually occur.

The New Roman (Catholic) Missal

America Magazine, and I am sure the rest of the Catholic media as well, are reporting that the new English translation of the Roman Missal has been approved (with minor changes at the end). The new translation will be used exclusively starting at the begining of Advent 2011. You can read the story at http://www.americamagazine.org/blog/entry.cfm?blog_id=2&entry_id=3200

This will lead many parishes who abandonned the use of Missalettes to bring them back, which is probably a good thing for those who wish to read the scriptures as they are proclaimed - however it will be costly. Those parishes who use hard copy missals will need to replace them, which will be very costly and may not happen in time, considering that service music is still being adapted.

Music ministers will probably take the lead in some of the cathechises, since many things which are sung will be changed, like the translation of the Sanctus. I suspect that in many parishes, the Pastor will be glad to let the Cantors take the lead in this instruction.

As I have written previously, this could go well or it could be the straw that breaks the camels back regarding the American and English speaking Church's relationship to Rome. Creation of a new Great Church, or rather a revitalization of the ancient Galatian Church (which was Gallic, i.e., made up of people with blond or red hair and blue or green eyes) is a real possibility - and plays right in with Benedict XVI's new dialogues with His All Holiness, Ecumenical Patriarch Bartholomew, Archbishop of Constantinople and New Rome (which is a claim of petrine descent). If the Galatian Church decided to create its own Patriarch, it could also establish its own Rite and Missal. Because of the ancient origins of the Galatian Church, such an action would even be scriptural. Indeed, other Churches could, and likely will, follow suit, if the American bolt from Rome.

Personally, I like the Roman Rite and find it discordant that the lapsing translation was so different from the Latin. This new translation is not too different than my feeling about the Extraordinary Rite, which is that it should be celebrated in both Latin and in the Venacular. I suspect that the new translation is the halfway point between the lapsing translation and a Venacular Extraordinary Rite - and if we continue in union with Rome, this is likely a good place to end up, although abandonning such union certainly opens the door to a reconsideration of certain other issues which may be beneficial in the long run - i.e., married priests, female priests, openly gay priests and openly gay married female priests (whose marriages could be celebrated with the pagentry of the Extraordinary Rite, just to add a note of irony that will drive some Traditionalists absolutely crazy).

Catholic Gay Marriage Poll

America Magazine is reporting on a poll regarding religious attitudes on Gay Marriage. You can read the artice at http://www.americamagazine.org/blog/entry.cfm?blog_id=2&entry_id=3204

the Public Religion Research Institute sheds light on the impact of religion and the 2008 vote to abolish same-sex marriage rights in California. The poll finds that today, a slim majority of Roman Catholics, 51%, support same-sex marriage

This is a telling finding. I suspect that support for gay marriage will continue to grow among the laity (and secretly among the clergy) and that one day soon enough families will demand that the Church witness these weddings that Rome will discover scriptural justification for doing so.

Both Torah and Jesus recognize that when a couple gets married, they leave their family and cling to each other, forming a new family. Families are the basic unit of society and marriage is an essential part of family life, both because it creates new families and allows the exit from one's family of birth. From a civil rights perspective, marriage cannot be denied to gay people because they cannot be kept in their families of origin against their will. Morally, the proof that the Sacrament of Matrimony, which is accomplished by the couple and only witnessed by the priest, is alive and well in the gay community, is how committed gay couples take care of each other in hard times (and gay people have harder times than most). As Jesus said, by their fruits ye shall know them.