What Rights for Same-Sex Couples Does the Church Support?

Much of my attention this week has been focused on the result of the referendum in Maine which repealed that state's recognition of same-sex marriage. In his stated opposition, Portland's Catholic Bishop Richard Malone also spoke of  certain benefits which he thinks same-sex couples should have. While I am not aware that he has offered a complete list of the types of civil benefits he would support, a legitimate question for the bishop would be to articulate which of marriage's approximately 1,400 civil rights he thinks same-sex couples should have access to. Specifically, what rights constitute that package of "basic rights" that USCCB president Archbishop Joseph Kurtz says even gay people are entitled to?

The answer to this question is important. In trying to determine the line that indicates where the Church's support and opposition begin and end, it's been suggested by many that perhaps advocates of same-sex marriage should not use the term "marriage." Rather, they should simply seek civilly recognized "domestic partnerships" that have all the same rights as civil marriage, but are just not called "marriages." Would Bishop Malone (whose mantra was, "Marriage matters!") have been supportive of the legislation if the relationships of same-sex couples were not called "marriages"? While this may seem like a reasonable alternative, actions by bishops on the other side of the country suggest that even this would not be acceptable.

On the same day that Maine voters rejected same-sex marriage, voters in Washington state voted the other way. They upheld a legislative expansion of "domestic partnership" rights to equate these rights with all those afforded married couples. Despite the change in terminology and the avoidance of the term "marriage," even this wasn't acceptable to Washington's Catholic bishops. They opposed R-71 (as the referendum was called, and informally called "the 'Everything but Marriage' law") not for what it would do now, but for what it might lead to at some point down the road.

So ... what rights for same-sex couples does the Church support? How many of those 1,400 marriage rights would Bishop Malone or other bishops support?  For all the effort and energy that went into opposing Question 1 in Maine and Referendum 71 in Washington, one would think the bishops could find time to say so.

One positive note about the bishops of Washington:  although they stated their own opposition to R-71, they at least expressed this opposition while respecting the consciences of Washington Catholics, stating: "The bishops of Washington State urge all Catholics to vote after informing their consciences on these issues through prayer, Scripture reading and study."

Bishop Richard Malone and Spiritual Abuse of Power

Richard Malone is the bishop of the diocese of Portland, Maine. One of his predecessors, William O'Connell (1859-1944), eventually left the backwaters of rural Maine to become the Cardinal Archbishop of Boston. O'Connell pulled off this promotion because of his close friendship with Vatican officials involved in making the selection and because, as secretary to the group of New England bishops putting forth recommendations, he played loose with the facts and the truth, somehow managing to get his own name at the top of the list when he forwarded the bishops' recommendations (which did not include O'Connell) to Roman officials.

Looking at the statements of Richard Malone on the Portland diocesan Web site -- statements that include a "Referendum Alert to Faithful Catholics" (see below) and a 12-minute video in which Malone calls same-sex marriage a "dangerous sociological experiment" -- one wonders if Malone has inherited from O'Connell more than just a title, a cathedral, and a diocese.  Malone's "Alert" quotes Cardinal Ratzinger in stating that Catholics have a duty to oppose civil efforts to recognize same-sex marriage.  Ratzinger's statement certainly deserves respect and consideration -- but neither this nor any particular statement by a Church leader on any particular issue can ever supersede what the Church has always taught is the ultimate norm -- the individual's well-formed conscience. 

Malone's statement is an abuse of his episcopal  role, an example of spiritual abuse causing great harm to the thousands of good and faithful Catholics who, having used the many tools that go into forming one's conscience, have come to a conclusion different from his.  The role of any bishop is to help people form their consciences -- it is NOT to be their consciences, telling them what their conscience alone can tell them.

The Catechism of the Catholic Church (CCC) states that "...conscience is man's most secret core and his sanctuary. There he is alone with God whose voice echoes in his depths." Catholic moral teaching is unequivocal in stating that, "A human being must always obey the certain judgment of his conscience," (CCC, 1800). Bishop Malone (and Cardinal Ratzinger, for that matter), in this instance would usurp this sacred place of the human person, standing between the individual and his or her relationship with God, saying that "I have the truth" on the issue of same-sex marriage, and all you need to do is listen to us and do what we say. 

Sadly -- Malone's strong-arm tactics with the good people of Maine have contributed to a temporary setback for those seeking justice and civil respect for God's gay and lesbian children. Voters in Maine yesterday approved a referendum repealing earlier legislation granting same-sex couples the right to marry. I know in the depths of my heart that this setback is indeed temporary, that this example of the "tyranny of the majority" to deny a minority its rights will one day be relegated to the wrong side of history. I had hoped that yesterday's vote would bring that day closer. While not yet fully within sight, that day will indeed come and one day not only civil society but even the Church and leaders like Bishop Richard Malone will see their gay and lesbian neighbors as the children of God we are.

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 Posted on the dioces of Portland, Maine prior to the vote on November 3, 2009:

REFERENDUM ALERT TO FAITHFUL CATHOLICS

A group of self-described Catholics who have chosen to dissent publicly from established Catholic doctrine on the nature of marriage as the union of one man and one woman recently published a paid political ad entitled “Statement of Conscience by Maine Catholics Regarding Marriage Equality.”

The evidence for their dissent runs through the statement and is crystallized in the following sentence: “…we find disturbing any suggestion that formal Church teaching obligates all Catholics to oppose marriage equality.”In contrast, please let your conscience be formed by these clear and authoritative words of Pope Benedict XVI (Joseph Cardinal Ratzinger): “In those situations where homosexual unions … have been given the legal status and rights belonging to marriage, clear and emphatic opposition is a duty." (Congregation of the Doctrine of the Faith, July 2003)

A Catholic whose conscience has been properly formed by Scripture and the teachings of the Catholic Church cannot support same sex marriage. Please vote YES on question 1.

 

Most Reverend Richard J. Malone, Th.D.
Bishop of Portland

If I could vote in Maine on Tuesday ...

This coming Tuesday (November 3, 2009), voters in Maine will have the opportunity to do what is just and right by saying "No" to an attempt to overturn a law enacted by the legislature and signed by the governor allowing same-sex couples to marry.  I wish I could add my vote in this referendum that many say will be close. While I can't do that, I can hope and pray that this vote will not be an example of the "tyranny of the majority," but that Maine voters will continue to provide full recognition for same-sex couples in loving, committed, and faithful relationships.