A Canon Law Primer on Church Teaching Regarding “Same-sex Marriage”

STEVE RAY’S INTRODUCTORY COMMENT: This article was written by Canon Lawyer Ed Peters around the time the US Supreme Court foolishingly and arrogantly decided that homosexuals could marry and it was a valid and legal marriage. Now that we have lived with this egregious ruling for several years, I thought it good to remind ourselves of the issue and the teaching of the Church. We will no doubt be persecuted for our stand against “Same-sex marriage.”

Remember that John the Baptist was not beheaded for preaching Jesus Christ, but for speaking out against the government, particularly on the issue of marriage.

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No matter which way the US Supreme Court rules in the “gay marriage” cases before it the international debate over the definition of marriage will continue because that debate is, at root, about matters beyond a civil court’s competence, things like the nature of human beings and the fundamental good of society. Because we Catholics are and will surely remain major participants in such a debate we should be clear among ourselves as to what our Church teaches in this area. I offer as a primer (I stress, primer) toward such better understanding my position on following points.

1. The Catholic Church teaches, though its ordinary magisterium and with infallible certainty, that marriage exists only between one man and one woman. CDF, “Considerations” (2003) passim; CCC 1601-1608; CCEO (1990) 776; 1983 CIC 1055 § 1; Rite of Marriage (1969) n. 2; Vatican II, Gaudium et spes (1965) 48; Pius XI, Casti connubii (1930) 6, 20, 23; Leo XIII, Arcanum (1880) 5, 24; Matthew XIX: 4-6; and Genesis II: 21-24. There is no evidence of ecclesiastical authority ever supporting any other definition of marriage.

1. Note. It is possible that this teaching is proposed as an object of belief (credenda, per Canon 750 § 1, doubt or denial of which assertion would be heresy under Canon 751 and thus sanctionable under Canon 1364 § 1); at a minimum, however, the Church proposes the man-woman assertion as necessarily to be held (tenenda) in order “to safeguard reverently and to expound faithfully the same deposit of faith” (Canon 750 § 2), rendering those who “obstinately reject” the assertion liable to “a just penalty” if, having been duly admonished, they refuse to retract (Canon 1371, 2º).

2. The Catholic Church has the right and duty “always and everywhere to announce moral principles, even about the social order, and to render judgment concerning any human affairs insofar as the fundamental rights of the human person or the salvation of souls requires it.” 1983 CIC 747 § 2; CCC 2246.

3. Catholics who promote “same-sex marriage” act contrary to Canon 209 § 1 and should not approach for holy Communion per Canon 916. Depending on the facts of the case, they also risk having holy Communion withheld from them under Canon 915, being rebuked under Canon 1339 § 2, and/or being sanctioned under Canon 1369 for gravely injuring good morals.

3. Note. The situation of Catholic politicians lending support to “same-sex marriage” is to be assessed as above, with special attention being paid to the heightened responsibility that civil servants have to protect the common good. CDF, “Considerations” (2003) 10; CCC 2235-2237, 2244; 1983 CIC 1326 § 1, 2.

4. The Catholic Church would regard any attempt by persons of the same sex to marry, regardless of their religious affiliation or lack thereof, as null. CCC 1603; 1983 CIC 1055 § 1.

5. Catholics who attempt a “same-sex marriage” act contrary to Canon 209 § 1 and should not approach for holy Communion per Canon 916. Depending on the facts of the case, they also risk having holy Communion withheld from them under Canon 915, being rebuked under Canon 1339 § 2, and/or being sanctioned under Canon 1379 for simulation of a sacrament. Morevoer, Catholics who assist others toward attempting a “same-sex marriage” cooperate in the bad act of those others, which cooperation is liable to moral assessment in accord with the usual principles applicable to cooperation with evil and, under certain facts, according to the canonical principles applying to cooperation in crime per Canon 1329 and/or scandal per Canon 1339 § 2, etc.

5. Note. Catholics who have attempted a “same-sex marriage” or who have assisted another toward a “same-sex marriage” can be reconciled morally under the usual conditions by sacramental Confession (Canon 959) or by a ‘perfect act of contrition’ per CCC 1452; they can be reconciled canonically, if necessary, in accord with applicable law.