Homosexuality

 Power and Sexuality; The Emergence of Canon Law at the Synod of Elvira.
                     by Samuel Laeuchli

Roman Catholic Official and Semi-Official Church Documents on
Homosexuality (Chronological)

[The texts of many of the decrees of early councils that might relate to
homosexuality are translated and printed in Derrick S.  Bailey, ,
Homosexuality and the Western Christian Tradition, (London:
Longmans, Green, 1955;repr. Hamden, Ct.: Archon/Shoestring Press,
1975)]

Council of Elvira, canon 71  305-306 [vs "corrupters of boys"]
        This was first council to address sexuality in a major way. C. 71
is not about "homosexuals", but about clergy who "corrupt boys".

Council of Ancyra, canon  17, 314
        Provided the basic canon law of middle ages on sodomy, but
according to Derek S. Bailey, Homosexuality in the Wester Christian
Tradition, 86-88, the canon in fact referred only to bestiality. Texts of
these canons and other ones to 1179 quoted in full in Bailey.

Basil of Nyssa, First Canonical Epistle to Amphilochus of Iconium,
(Epist. 117, canon 62), 375
        This is the canon most often cited by the Orthodox. It was a
private letter by Basil, but later approved by councils

Gregory of Nyssa, Canonical Letter to Letoius of Mytilene (Epist.
canonica 4), 390

Justinian, Novella 77, CJC,  (used as canon law) 538
        This and the following "Novel", enacted oppression of
homosexual sex into secular law. At this stage the imperial secualr law
of the Christian Roman Empire was also operative within the Church.
The revival of Roman law studies in the 12th century meant that these
laws had important effects on developing Roman Catholic canon law
as well as secular law.

Justinian, Novella 141, CJC,  (used as canon law) 544

2nd Council of  Tours, c. 14, 567
        Monks must not sleep two to a bed.

16th Council of Toledo, c. 3, 693
        The Toledan councils were partly Church councils and partly
councils of the Visigothic state.

[At this time there seems to have been a gap in Church actions. The
canons of Ancyra were republished by several Carolingian kings, and
there was much discussion (about 4% of the total regulations) in the
new "penitentials" that were being developed. These do not seem to
have been official docuements. At this stage confession by lay people
seems to have been rare, and the there were no secular prosecution for
"sodomy" - and both statements remained true until the 13th century it
seems. Things did begin to heat up in the 12th century though, along
with attacks on heretics, Jews and other social outsiders.]

Council of London, c, 28, 29, 1102
        This council seems to have been directed at the memory of
William Rufus, well known for his homosexual activities. St. Anslem
was Archbishop of Canterbury at the time, and, although he went
along with the decreess. he refused to have them read out in every
church because, as he said, the sin was so common. The decrees were
not repeated in later councils in London, so either the clergy stopped
practising sodomy, or people stopped being worried about it.

Council of Naplouse [Nablus/Shechem], canons 8-11. vs. sodomy,
1120
        An important council that took place in the crusader kingdom of
Jerusalem. Applied penalties for sodomy to laymen.

Ivo of Chartres, Decretum, in J. P . Migne, ed., Patrologia Latina, 161
cols 47-1022
        See cols. 681-82 for denunciations of sodomy amd lesbianism.

Gratian, Decretum,  five refs. drawn from the fathers, C.32, q.7, c,11-
14, c.1140
        The Decretals were the major law book of the middle ages and
later. It is interesting that Gratian drew from patristic opinion rather
than a canon law tradition.

Lateran III [General Council], canon 11, 1179
        "Clergy in holy orders, who maintain their wives incontintently
in their homes should either expel them, and live continently, or be
deprived of ecclesiastical office and benefice. Whoever is cuaght
involved in that incontinence which is against nature, and because of
which "the wrath of God came upon the sons of disobedience" (Eph.
5:6), and five cities were consumed by fore (Gen 14:24-35), if they are
clerics, they should be deposed from clerical office and placed in a
monastery to do penance; if they are laymen, they are to be
excommunicated and completely isolated from contact with believers.
If any cleric, without clear and necessary cause, should especially
frequent nuneries, he should be restrained by the bishop, and if he
does not cease, he should be deposed from his ecclesiastical benefice"
                This is the first and only canon by a General council which
could be considered against homosexuality. It is clearly a disciplinary
decree, and the "incontinence which is against nature", could be
bestiality or sodomy. Standard gloss by Bernard of Palma, ca. 1263
links it with novels of Justinian.

Innocent III, Letter, in Migne PL 215:189 [on sodomy in Macon],
1203

Lateran IV [General Council], canon 14,  1215
        A possibla reference. strengthens Lat III decree in general by
calling on secular help. Only mentions clerical chastity. Again
disciplinary, not dogmatic (this was the council that imposed special
signs on Jews),

[Various local synods in this period issued canons which referred to
sodomy: Paris 1212[ii.21], Rouen 1214, Angers 1216/19, Beziers
1246; also constitutions of Fulk Bassest for London 1245/59,
Alexander Stavensby for Coventry, 1224/37, Peter Quinel for Exeter
1287; also Dominican statutes, 1238, Carthusian statutes, 1261 and
Cistercian statutes, 1279 - for all see Michal Goodich, The
Unmentionable Vice, (Santa Barbara, Ca.: ABC-Clio, 1979), 45-46]

Gregory IX, Bull Vox in Rama, 1233
        Condeming the activities of the heretic  Conrad of Marburg, inc.
rimming and bisexual orgies.

Gregory IX, Liber Extra  1234 [contains Lateran III canon]

        [From this period on it is much more difficult to find official
Roman Catholic references to sodomy. It was not mentioned, it seems,
at any of the later medieval General Councils, nor at Trent, nor at
Vatican I. Pope began writing "encyclicals" in the early 18th century,
and none of them focused on, nor seem - I have not checked all - to
mention sodomy, until John Paul II in 1993! Although more research
need to be done on the period 1400-1900, reasons for this "decline" in
statements seem fivefold:
        A: From the mid 13th century on secular rulers, such as Alfonso
IX of Spain or the rulers of Venice and Florence,, passed and enforced
- variably it must be noted, anti-sodomy laws.
        B: The Decretals and Liber Extra became the norm of canon
lawyers, who came to make up a profession, thus mitigating the earlier
need to reiterate canons. The issue was discussed in confessors'
handbooks, although a serious study of the Roman Church's position
in the late medieval and early modern period seems not to have been
done. [see, however, the recent article by Pierre Hurteau,  "Catholic
Moral Discourse on Male Sodomy and Masturbation in the
Seventeenth and Eighteenth Centuries", Journal of the History of
Sexuality 4:1 (1993), 1-32]
        C: It was not an issue of dispute between Roman Catholic and
Protestant leaders.
        D: Homosexual activity gets a reputation as a clerical vice,
perhaps indicating a more tolerant ecclesiastical culture.
        E: After the failure of the late medieval conciliar movement,
local church councils seem to have been much less in favor. Especially
after the Reformation, attempts were made to keep ecclesiastical law
making uniform and directed from Rome.

        Homosexuality was decriminalized under the Napoleonic Code
in some European countries, most importantly France, in the early
19th century. Nevertheless, in the late 19th century, homosexuality,
now clearly defined, became the great taboo subject. With the Kinsey
Report in the United States in 1948 (men) and 1953 (women)
indicating that up to 37% of male respondents had been homosexually
active, and 4-10% of men were predominantly homosexual, the
situation changed rapidly. The 1957 Wolfenden Report in England,
inspired by abhorrence at the blackmailing of gay people, had a similar
effect. The work of Derrick S. Bailey in reevaluating the Sodom story
also was widely reported. From this point on it was inevitable that the
Churches would have to reexamine their positions.

        Vatican II did not discuss homosexuality, but it did re-present
marriage as not just a matter of physical procreation, but equally of
union also. This teaching, which reflected many decades of
development of thought in Roman Catholic circles (see John Noonan,
Contraception) laid the foundation for the modern revaluation of
homosexuality at present underway.]

Chavesse, C.M., Bishop of Rochester (RC?), "The Church and Sex",
Practitioner 172 (1030, 1954), 350-54
        Unnatural and defective sexual intercourse is to be suppressed.

Hierarchy of the Netherlands (Cardinal Bernard Alfink), The New
Catechism, trans. Kevin Smyth, (New YorkL Herder and Herder,
1970), Dutch edition 1966, 384-85
        Sympathetic, but condescending.

National Conference of Catholic Bishops, Principles to Guide
Confessors in Questions of Homosexuality, (Washington DC:  NCCB,
1973)

United States Catholic Conference, A Guide to Formation in Priestly
Celibacy, (Washington DC: USCC, 1973

Congregation for the Doctrine of the Faith (under Cardinal Franjo
Seper), Declaration on Certain Questions Concerning Sexual Ethics
(Humana Persona ) 1975, #8
        First modern Vatican statement on a range of issues. Seems to
be the first Vatican document to comprehend the notion of "sexual
orientation". Came up with the isea that homosexual acts are wrong,
but the homosexual "condition" is morally neutral, a position later
attacked in the 1986 letter which discussed homosexuality as
"objectively disordered".

Francis Mugavero, Bishop of Brooklyn, Sexuality - God's Gift:
Pastoral Letter of the Most Reverend Francis J, Mugavero,  Feb 11,
1976 in The Tablet (Brooklyn) (Feb 12, 1976), 14--15; also in Insight:
A Quarterly of Gay Catholic Opinion 1:3 (Spring 1977), 5-7

Salvatorian Gay Ministry Task Force., Ministry/U.S.A. : a model for
ministry to the homosexual  community ; a guideline for extending a
christian ministry to  homosexual persons,  2nd ed.  (Milwaukee, Wis.
: Salvatorian Gay Ministry Task Force :  distributed by The National
Center for Gay Ministry, 1976)

National Conference of Catholic Bishops (US), To Live in Christ: A
pastoral Reflection on the Moral Life, (Washington Dc: US Catholic
Conference Publications Office, November 1976)
        in John Gallagher, Homosexuality and the Magisterium, (New
Ways Ministry, c1985)
        "Some persons find themselves through no fault of their own to
have a homosexual orientation. Homosexuals, like everyone else,
should not suffer prejudice against thier basic human rights. They have
a right to respect, friendship and justice. They should have an active
role in the Christian community."

Catholic Social Welfare Commission of England and Wales (under
Bishop Augustine Harris)), An Introduction to the Pastoral Care of
Homosexual People,  (London: 1978)
        Takes a strong "personalist" approach.

Catholic Council for the Church and Society (The Netherlands),
Homosexual People in Society: A contribution to the Dialogue within
the Faith Community, trans, Bernard A. Nachbar, (Mt. Ranier MD:
New Ways Ministry, 1980),  21pp. Dutch ed. 1979

Roman Catholic Diocese of Baltimore, A Ministry to Lesbian and Gay
Catholics, 1981
        in John Gallagher, Homosexuality and the Magisterium, (New
Ways Ministry, c1985)
        Sensative and sympathetic report. Withdrawn after the 1986
letter.

Archdiocesan Gay/Lesbian Outreach (AGLO), Archdiocese of
Baltimore, Homosexuality: A Positive Catholic Perspective, Questions
and Answers in Lesbian/Gay Ministry, (Baltimore: AGLO,
Archdiocese of Baltimore, 198?)
        A 60 page booklet, the first ever released by an offical Roman
Catholic diocesan ministry. Provides a positive context for gay and
lesbian ministry in the Church. It gives information and refutes
widespread myths, and argues for civil rights for lesbians and gays.
Contains a list of recent Church statements and a bibliography.

Archdiocese of San Francisco Commission on Social Justice,
Homosexuality and Social Justice: Report of the Taskforce on
Gay/Lesbian Issues, (San Francisco: Commission on Social Justice,
1982, revised 1986)
        The fullest Catholic treatment, but not approved by the
hierarchy. Addresses the spiritual lige of gay people, anti-gay violence,
Latino gays, the diabled, youth, the aged, and lesbians and gays in
religious life and the priesthood. Reissued in an updated and expanded
edition in 198?.
 

Congregation for Catholic Education (under Cardinal William Baum),
Educational Guidance in Human Love 1983
        in John Gallagher, Homosexuality and the Magisterium, (New
Ways Ministry, c1985).

Raymond Hunthausen, Arcbishop of Seattle, Letter to Priests, (June
1983)
        in John Gallagher, Homosexuality and the Magisterium, (New
Ways Ministry, c1985).
        "Social science statistics generally place the number of
homosexual persons at approximately 10% or the population. This
means that one out of four families has a member with a homosexual
orientation. Put another way, these statistics tell us that many of our
parishoners have, or are related to persons who have, a homosexual
orientation"

Senate of Priests, San Francisco, Ministry and Homosexuality in the
Archdiocese of San Francisco, 1983
        in John Gallagher, Homosexuality and the Magisterium, (New
Ways Ministry, c1985).

John Hickey, Cardinal Archbishop of Washington, Letter on
Homosexuality, 1984
        in John Gallagher, Homosexuality and the Magisterium, (New
Ways Ministry, c1985)
        Rigid thinking posing as "traditionalism".

John Quinn, Archbishop of San Francisco, Letter on Violence to
Archdiocesan Deans, 1984
        in John Gallagher, Homosexuality and the Magisterium, (New
Ways Ministry, c1985).

P. Dumaine, Pastoral Guidelines for Ministry to Homosexuals in the
Diocese of San Jose, [Valley Catholic, March 1986, 28-29] 1986

Washington State Catholic Conference, The Prejudice Against
Homosexuals and the Ministry of the Church, 1986
        in John Gallagher, Homosexuality and the Magisterium, (New
Ways Ministry, c1985).

Catholic Bishops of New Zealand, Dignity, Love, Life, 1986
        A statement supporting the rights of gay people and calling for
compassion

Congregation for the Doctrine of the Faith, Letter to the Bishops of the
Catholic Church on the Pastoral Care of Homosexual Persons, 1986,
repr. in Jeaninne Grammick and Pat Furey, eds., The Vatican and
Homosexuality: reflections to the "Letter to the Bishops of the
Catholic Church on the Pastoral care of Homosexual Persons", (New
York: Crossroad, 1988), 1-10
        Using a proof-text approach to the Bible, and rejecting modern
psychological insights, calls homosexuality an "objective disorder"
and says, inter-alia that no-one should be surprised at anti-gay
violence when lesbians and gays claim civil rights. Ordered Catholic
bishops to eject lesbian and gay Catholic groups from churches. The
positive aspect is that this letter finally accepts that homosexuality is a
constitutive part of the personality and that gay people are a social
group.

John Quinn, Archbishop of San Francisco, "Toward and Understading
of  the `Leter on the Pastoral Care of Homosexual Persons'", America
156:5 7 Feb 1987, 92-95, 160, repr. in Jeaninne Grammick and Pat
Furey, eds., The Vatican and Homosexuality: reflections to the "Letter
to the Bishops of the Catholic Church on the Pastoral care of
Homosexual Persons", (New York: Crossroad, 1988), 13-19
        Emphasises it was a letter to bishops, not all. Clearly
embarrassed as Cardinals Law and O'Connor were listed to in Rome,
while Quinn was ignored.

William D. Borders, Archbishop of Baltimore. On Human Sexuality:
The Catholic Doctrine Pastoral letter addressed to the priests and
people of the Archdiocese of Baltimore, 1987
        Reiterates Vatican line. A real disaster compared to the very
positive earlier Baltimore statement in the 1980s.

United States Catholic Conference, Human Sexuality, (Washington
DC: USCC, 1991)
 
Congregation for the Doctrine of the Faith, Some Considerations
Concerning the Catholic Response  to Legislative Proposals on the
Non-Discrimination of Homosexual Persons, 1991
        Letter to bishops.  Reiterates 1986 letter, then, incredibly, calls
on Catholic bishops, with the USA in mind it seems, to oppose civil
rights initiatives for lesbians and gays. Says that gays cannot be
compared to other discriminated against groups such as racial
minorities and women. Also approves of  discrimination in teaching,
coaching and military employment. Many Catholic bishops in the US
have ignored it.

Congregation for the Doctrine of the Faith, Catechism of the Catholic
Church 1992 [Multiple publishers, English ed. 1994] #2357-2359

Thomas Daily, Bishop of Brooklyn,  Letter on Homosexuality (title?),
(Brooklyn NY: 1993)
        Nothing original at all. Regurgitates Vatican line, a real step
backwards from Bishop Mugavero's work of 1976.

John Paul II, Encyclical Veritatis Splendor  1993, # 47
        Apparently the first mention by a modern pope of homosexuality
in a papal document, as opposed to endorsing the statements of
Vatican congregations. John Paul mentions homosexuality, along with
contraception, in passing as part of an extended letter defending the
use of universalistic natural law ethics and, inter alia, rejecting the
insights of cultural anthropology. This is textbook Thomism dressed
up as phenomenology.