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Bishops: Gay Marriage Hurts Society
BALTIMORE (By
Michelle Boorstein, Washington Post)
November 18, 2010 ― The nation's
Catholic bishops approved a position
paper that emphasizes the church's
traditional positions on marriage
Tuesday, the same day the D.C. Council
agreed to schedule a vote on legalizing
same-sex unions for Dec. 1.
The "pastoral letter" is part of a
campaign launched in 2004 to counter the
breakup of traditional families, said
Richard McCord, executive director of
the bishops' committee on marriage and
family life.
The nation's Roman Catholic bishops have
affirmed the church defines marriage
between one man and one woman, and sex
is meant for procreation.
The pastoral letter was issued yesterday
in Baltimore by the U.S. Conference of
Catholic Bishops.
The bishops said they are disturbed a
growing number of people view marriage
as a private or individual matter,
instead of an issue critical to building
a healthy society.
They said in the pastoral letter
redefining marriage to allow same-sex
unions would damage the common good and
would ignore the proper role of husbands
and wives.
The campaign initially was meant to highlight the divine in everyday
aspects of marriage. It has turned recently to more political concerns, such as
the creation of a committee to lobby against same-sex marriage bills such as the
one pending in the District.
The pastoral letter, which passed 180 to
45, spells out the traditional position of the Roman Catholic Church. Some
Catholic critics have called it "unpastoral" for its focus on threats to
marriage, including, in the bishops' view, contraception and cohabitation, which
the document compares to original sin.
The D.C. measure was not addressed
directly in the pastoral letter, although it was a topic of discussion in the
halls at the annual bishops' meeting at the Baltimore Marriott Waterfront Hotel.
In addition to the council action, the
D.C. Board of Elections and Ethics ruled a proposed ballot initiative defining
marriage as between a man and a woman cannot go forward, reaffirming an earlier
ruling that such a vote would be discriminatory.
The Archdiocese of Washington said last
week Catholic Charities, its social service arm, would be unable to continue its
partnerships with the city if the current bill isn't changed.
Washington Archbishop Donald W. Wuerl,
in an op-ed piece that appeared on The Washington Post Web site Tuesday, said
church officials recognize the council "is firmly committed to opening marriage
to homosexual couples. We are asking new language be developed that more fairly
balances different interests -- those of the city to redefine marriage and those
of faith groups so they can continue to provide services without compromising
their deeply held religious teachings and beliefs."
Church-state experts disagree on the
measure's legal impact and how it compares with same-sex marriage measures in
other states. The archdiocese and some lawyers said measures elsewhere offer
faith groups more exemptions from, for example, handling adoptions for same-sex
couples or offering health benefits to same-sex partners of employees. Council
members and others said the new law doesn't put any additional burden on the
church that isn't already required by the city's civil rights law.
Connecticut's measure explicitly exempts
privately funded adoption services from being required to work with same-sex
couples.
The dispute is complex, because such
issues are governed simultaneously by local and federal civil rights laws that
ban discrimination based on sexual orientation or religion and federal
employment laws. Experts said some disagreements related to the D.C. measure
have never been litigated, said Robert Tuttle, a church-state expert at George
Washington University.
"D.C.'s bill looks to be narrower than
some passed in New England," Tuttle said.
Cynthia DeSimone, deputy general counsel
of the archdiocese, said the city's civil rights law does not require the church
to place children for adoption with same-sex couples. Council member David A.
Catania (I-At Large) has said the city law does make that requirement.
"It is difficult to compare other
states' measures, because each interact differently with other laws in their
respective states," said DeSimone, who noted the laws in New Hampshire, Vermont
and Connecticut are all less than a year old. "That being said . . . they do
provide broader exemptions."
The D.C. measure had exempted religious
groups from having to provide marriage-related services and facilities to
same-sex couples unless those groups offer such things to the general public.
At the request of the archdiocese, the
council removed the clause about the general public, but it added a list of
services that "promote" marriage that would be exempt from the law's
requirements.
This would make it difficult for the
church to argue services not specified in the law should also be exempt, said
Art Spitzer of the local ACLU office.
Many issues haven't played out in court,
Spitzer said, including the reach of the 1993 federal Religious Freedom
Restoration Act. The church could argue under that act, extending health-care
benefits, for example, would be a burden to its religious beliefs. "I think they
could make that case," he said. "I think they might lose, but it's not been
litigated."
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